Saturday, October 24, 2009

What happens if i dont go to court regarding a online payday loan?

if you don't show up to explain your part then the judge will hand down a judgement in the loan company and they can garnish your wages until the loan is paid off and court cost also but if you are asking can they put you in jail the answer is no way last i knew of there is no debtor prisons in the usa

What happens if i dont go to court regarding a online payday loan?
The payday loan company will get a default judgment against you and it will go on your public record. Then they will be within their rights to go for wage garnishments and/or property levies.





You need to go to your court hearing, at the very least you can make arrangements acceptable to the court.
Reply:The question is too general. It depends on what court and what action is being taken. While you should seek legal advice, in general not going to court does not solve anything or give you any benefit, otherwise no one would go.





It seems odd a payday lender is taking court action. Just based on the cost and the high likelihood of not being able to collect a judgment even if they win.


a%26gt;
Reply:Hi there!





It is always important that you go to court and follow the rules. Failure to appear may result in a default judgment. If you can't pay because you're out of work, disabled or sick or whatever the reason it, you should still go, file your answers with the court in the established guidelines, etc. The reason for this is that it shows that you respect the court, and you are more likely to get better treatment from the judge should you lose.





Remember, that a default judgment is serious. Once a default judgment is awarded, you must claim your exempt assets - these can be anything from money earned in the last sixty days, tv's you have, computers, tools of your trade, retirement, etc. Failure to do this means that the sheriff could conceivably come to your house and take all your things.





Defaults also last on your credit report for decades - even moving states doesn't help. Judgments can be enforced anywhere, as long as it is allowed by state law.





Also, your wages could be garnished, although typically there is a limit and in some states - NC, PA and TX, for instance - it is not allowed (except for child support, back taxes, student loans, etc.).





My suggestion would be to try to reach a settlement with the payday loan company. Chances are it is a recent loan, and you probably won't be able to use the statute of limitations as a defense.





Good luck!

lilac

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