I have a company threatening to take me and my daughters to court if I dont pay money I cant afford, what can I do? 18 Answers as of July 11, 2013

I took out a fast cash loan and am unemployed and forgot about it. I received a call telling me I have to either pay in full $1,000.00 or make payments of $323.00 per week or they will show up at my house on Monday and take me to court and I will lose my unemployment and all other assistance. I have tried to work with them they told me I was sent 20 some emails which I never received. Can they take me and my daughters to court? What can I do?

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Rosenberg & Press
Rosenberg & Press | Max L. Rosenberg
If this is a valid debt that has not been paid and is being collected by a valid debt collector, then they can serve you with a Summons and Complaint which initiates a law suit against you. They can not drag you to court. Also, if the debt is less than five thousand dollars, you would be sued in Small Claims Court. No one can physically drag you to court. If this is a pay day loan which I am relatively sure, based on your description, it is, then almost all the collection activity against you is illegal. DO NOT USE PAYDAY LOANS. They usually result in the loanee being scammed. A person takes a small loan out and offers their SS# and other particulars. Later, a "debt collector" will try to collect, whether or not the consumer paid it back or even received the loan. Meanwhile they sell the SS# and identity theft ensues. Try demanding a mailing address or a full business name. If the caller refuses to answer or you cannot verify the information, you can be sure its a scam. They will continue to make absurd claims and harass you and threaten illegal actions. They will hassle people at your workplace, so it is in your best interest to let them know this is fraudulent. You should research the company that is trying to collect from you. They may pretend to be a legitimate company; if so contact the actual company to verify their employment. The worst part about payday loan collectors is that even if you make the full payment, they will continue to come after you for years. Also they are often selling your personal information and your identity. Contacting the FBI rarely helps, but should still be done when you are sure this is a fraudulent collector. In the meantime, you would be best served to also learn more about the Fair Debt Collection Practices Act and how to protect yourself. Find a well versed and experienced consumer attorney. AND NEVER NEVER TAKE OUT A PAYDAY LOAN AGAIN! Thanks for tuning in.
Answer Applies to: Connecticut
Replied: 7/18/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
They can sue you but the threats regarding going to your house is a actionable violation of the FDCPA.
Answer Applies to: Washington
Replied: 7/14/2011
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
Yes they can take you to court but they must serve you with a lawsuit first. Also, unemployment benefits are not attachable nor can they disrupt your unemployment benefits.
Answer Applies to: California
Replied: 7/6/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
They have been lying to you. They can not do any of those things. Write down everything they said, date and time. Log every call they make to you. Contact a lawyer and sue them for violating the "Fair Debt Collection Practices Act." Don't put up with abuse by creditors.
Answer Applies to: California
Replied: 7/5/2011
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
If you do not have the money they cannot get it. I believe unemployment will not be taken unless they prove fraud.
Answer Applies to: California
Replied: 7/5/2011
    Theodore N. Stapleton, PC
    Theodore N. Stapleton, PC | Theodore N. Stapleton
    You can file bankruptcy if you qualify and discharge your dischargeable debts, ie some debts are not dischargeable. Im happy to discuss these and any other issues you have. Please call to schedule a free consultation.
    Answer Applies to: Georgia
    Replied: 7/5/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    If you and your daughters are all signatories to the obligation, then yes, you can all, individually or jointly, be sued and assets examined and potentially seized to satisfy the judgment debt.
    Answer Applies to: Indiana
    Replied: 7/5/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    They're bottom-feeders. They can't show up and take you to court, and your debts have nothing to do with the assistance you receive. Is your daughter a co-signer? If not, they need to leave her out of it. Send them a letter telling them to provd the debt and how it was calculayed, demand to sed your agreement to pay as well as a copy of the alleged emails. Then tell them not to call you. Send it certified, return receipt requested; if they don't respond appropriatey within 30 days, they're barred from further action. And if they call again making threats before you get the letter out, tell them to come on over and you'll have the police waiting for them.
    Answer Applies to: Virginia
    Replied: 7/5/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    If you owe money you can be sued. A relative who doesn't owe the money cannot be sued.
    Answer Applies to: California
    Replied: 7/4/2013
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    They cannot literally take you by the hand to court, but they can file a complaint with the court and require you to at least file a response to their complaint. I would suggest meeting with an attorney.
    Answer Applies to: Arizona
    Replied: 7/5/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    You can be sued like anyone else but you seem to be judgment proof at this time. Bankruptcy would be one solution to get rid of all the debt. I don't know what your daughters have to do with your debts but if they are co-debtors they can be sued just like you and they may not be judgment proof like you so the creditors might be able to collect from your daughters by garnishing their wages or levying their bank accounts.
    Answer Applies to: California
    Replied: 7/5/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    Anyone can file a lawsuit against anyone else anytime. Whether it will be successful or not is another matter. Unemployment payments are exempt from seizure either in the enforcement of a judgment against you or in bankruptcy.
    Answer Applies to: California
    Replied: 7/5/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    First, they're not showing up at your house, but if they do, call the police and have them removed. Second, they can't collect anything until they've sued you and obtained a judgment against you. That hasn't happened yet, and even if you got served with the lawsuit, you'd have at least 30 days just to answer it, so nothing horrible can hit you immediately. Third, they're not going to take your benefits away, and as to your daughters, how old are they? Are they contractually liable on this debt as well? If not, they have nothing to do with this.
    Answer Applies to: California
    Replied: 7/5/2011
    The Law Office of Brian Nomi
    The Law Office of Brian Nomi | Brian H. Nomi
    Bankruptcy may be a good option for you. It will wipe out this debt. Or you can try to work it out with this creditor.
    Answer Applies to: California
    Replied: 7/1/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Creditor can take you to court. You can file Bankruptcy to eliminate debt.
    Answer Applies to: California
    Replied: 7/11/2013
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    They can only take to court those persons who signed for the loan. You cannot loose government assistance due to owing a private debt. If they sue and get a judgment, some of that government assistance income is exempt from a creditor and they cannot take it even with a judgment, so they are essentially threatening you with empty threats.
    Answer Applies to: California
    Replied: 7/1/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    They can sue you. However they cannot take your unemployment. If you are over your head in bills you may want to consider bankruptcy as a way to possibly wipe the bills out. See a lawyer to discuss that.
    Answer Applies to: Georgia
    Replied: 7/1/2011
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