Legal Question in Credit and Debt Law in Missouri

Re: Failure to pay back a payday loan

If you appear in Court on your first Court date, you will probably have to wait until your case is called. Often this takes quite a long time. When your case is called, you should stand up and make your presence known to the Judge. In many places it is customary for the creditor's attorney to ask the Judge to place the case on "second call" to allow the attorney a chance to speak with the defendant (you). When this happens the attorney will try to get you to sign a "Consent Judgment" under which you will be required to pay the entire amount claimed to be due, plus attorney's fees, interest, and court costs. The attorney may agree not to run any garnishments or otherwise pursue collection so long as you make regular partial payments. This is often incorporated in the "Consent Judgment" and is called a "stay of execution". The Judge will then approve the deal and you will have a Judgment entered against you which is a public record and which will be reported to all of the credit bureaus. It may very well be in your best interest to hire an attorney to represent you. By entering an appearance the attorney can save you a trip to court. It is also likely that the attorney will be able to save you much more money than he or she costs you. It is definitely worth looking into. If you are located in the Eastern half of the state and do not have an attorney, I may be able to help you. Please feel free to call me at 314-727-2822 for a telephone consultation at no cost. No matter what you do, good luck!