Legal Question in Credit and Debt Law in Florida

I was contacted by a law group in California about an unpaid payday loan. The said I was subpeonad to court. The principle $400. They want to settle for 948.36. Obviously I do not have that kind of money. What kind of reprecautions can I expect? Is there anyone or anything that could help?


Asked on 2/24/10, 12:58 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

If you owe, the judgment against you may be a lot more than 948. Call and work out a deal. They will accept less. Try for $500.

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Answered on 3/01/10, 8:22 pm
Angelo Marino Angelo Marino Jr. PA

First, determine if in fact there is a judgment aganist you. You would have been served with a legal document from small claims court. You can look this up by going to the clerk of court in your area on line. If no judgment, then determine how old the debt is. If more than 5 years since last payment, you may may not owe the debt. If you owe the debt, negotiate.If you speak to the attorney, do not release your bank information or any information re your assets or employer. Do not sign documents where they can take money from your account. Never agree to a plan of payment you cannot keep, especially if you default and the agreement says that a judgment for the full amount and fees can be awarded against you. Finally, if you are sued, see a consumer lawyer in your area. Many of these payday loans are illegal.

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Answered on 3/02/10, 5:50 am


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