Nearly all lawsuits against consumers today are for relatively small amounts, says Michael Bovee, president of Consumer Recovery Network, a debt settlement company. The lenders typically win because consumers dont show up to court.
The judge then enters a summary judgment, and the court can begin to collect the money you owe on behalf of the collections agency. Depending on your state law, you are exposed to property liens, bank account levies and wage garnishment, Bovee says.
You should never ignore a lawsuit, says Lauren Saunders, associate director of the Cash advance chapter 13 Consumer Law Center. Show up in court and ask them for proof that you owe them the money, because often they show up without proof, Saunders says. A CFPB review of one lenders lawsuits found that 70 were dismissed for lack of proof. Other options if you cannot pay a payday loan. You should not prioritize paying the payday lender over putting food on cash advance chapter 13 table or paying the rent, Saunders says.
Cover basic needs first: You may be eligible for community assistance plans for help with rent, utilities or food Seek advice from a nonprofit credit counselor, bankruptcy attorney or legal aid center about your next moves.
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Not sure whether your cash advance debts are eligible for discharge in the bankruptcy court. Then find out the specifics of your case by taking this opportunity to speak directly with a bankruptcy attorney practicing in your area. Laws may have changed since our last update. This is for informational purposes and is not legal advice.
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