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Payday Loan Lender Lawsuit

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Payday Loan NH

Junior Member
What is the name of your state (only U.S. law)? NH

I am being sued by a payday lender for a $400 dollar loan I took out with them and the court send me the legal papers. I have until July 3rd to reply to the lawsuit and ask for a court day, if I opt to dispute the claim. Below I will list out the facts and questions I have in reference to this. Your input and feedback is greatly appreciated:

Fact: I did take out a $400 payday loan with this company (online).
Fact: I have paid back $400 dollars to this company.
Claim: They claim I owe them an additional $600 in fees, interest, etc.
Fact: I requested validation / verification of the loan and the company will not supply this information to me, they said they will show me in court.
Fact: I opened a case with BBB and NH State Banking Commission - this company never responded to either case opened with them.
Fact: I have emails asking that I'd like to settle this matter out of court, to which the president of the company replied we can settle this is court. In addition to this he left me a voicemail which I saved calling me a "barney bad ass" and he'll escalate this matter to the courts.
Question: Does this company have to present their documents (copy of signed loan docs) to me before the court case?
Question: Do I have a chance to counter-sue for loss of a days work for court case and aggravation, plus the unprofessional voicemail / emails?
Question: If I were to counter-sue and lose, what are the downsides?
Question: If they were to win, do you pay the amount you're being sued for that day or is there repayment options?

Certainly I am not a rich person and had to take a payday loan in August of 2012 as I needed the money. I repaid the balance in good faith, until such time they added these additional fees and penalities. When I questioned them, they escalated to a lawsuit.

What would you suggest I do? Many thanks for your help and advice!
 


Question: Does this company have to present their documents (copy of signed loan docs) to me before the court case?
No, do you not have a copy of the agreement with the terms that you electronically signed?


Question: Do I have a chance to counter-sue for loss of a days work for court case and aggravation, plus the unprofessional voicemail / emails?
Sure, file a small claim and counter sue, I would do it after this case is settled

Question: If I were to counter-sue and lose, what are the downsides?
Another 200-300 bucks down the drain

Question: If they were to win, do you pay the amount you're being sued for that day or is there repayment options?
The judge I am sure will let you pay it out if they rule in their favor.

Certainly I am not a rich person and had to take a payday loan in August of 2012 as I needed the money. I repaid the balance in good faith, until such time they added these additional fees and penalities. When I questioned them, they escalated to a lawsuit.
They have that right since they are the pay day lender and you signed an agreement allowing them to do such things.


What would you suggest I do?
go to court and show your repayments, look at the agreement and see if you have any loop holes in it. If not probably be prepared to lose.
 

OHRoadwarrior

Senior Member
It seems if you took out a $400 loan and paid $400 back, you never paid the associated fees. Therefore, the interest and penalties on those and any late fees would continue to accrue according to the contract or state law.
 

Antigone*

Senior Member
I suggest to the OP that he bring his check book to court.

AND never ever ever take out another payday loan again.
 

Zigner

Senior Member, Non-Attorney
Sure, file a small claim and counter sue, I would do it after this case is settled
Bad advice. There is no legitimate claim for a countersuit by the OP. If he files, he may be opening himself up to financial penalties (sanctions.)

Not to mention, you are advising the OP to "counter sue" after this case is settled? Do you know what a counter suit is?
 

Antigone*

Senior Member
Bad advice. There is no legitimate claim for a countersuit by the OP. If he files, he may be opening himself up to financial penalties (sanctions.)

Not to mention, you are advising the OP to "counter sue" after this case is settled? Do you know what a counter suit is?
Obviously redemptionman has no clue. I wonder if he is related to willie. They seem like peas in a pod.
 

Ladyback1

Senior Member
Fact: I did take out a $400 payday loan with this company (online).
Fact: I have paid back $400 dollars to this company.
Claim: They claim I owe them an additional $600 in fees, interest, etc.
I know of no payday loan company that will "loan" any amount of money without some sort of interest. It's not like borrowing money from the parents who would just be happy if you paid back what you borrowed!
So, like one poster stated...if all you've paid back is $400, then you most likely do owe more.
 
Obviously redemptionman has no clue. I wonder if he is related to willie. They seem like peas in a pod.
guess you would be the one to tell me not to sue a former employer to get bonus money owed to me which I won by the way. I told him he could have to repay back more if he lost, I would personally see if I won the case before I put out a counter suit, since then he will know if it is worth his while. Pay day loans have been outlawed in my state but this guy did this online. He needs to read the agreement and see what the provisions are in that since it is a contract and he agreed to those terms. You and Zigners advice is laughable but it can not just be me.
If I took you or Zigner's advice then I would be an unemployed vagrant fool living in a homeless shelter or a van down by the river, I do not think either one of you have ever filed a civil claim or worked a case on anything ever by yourselves.

in case zigner needs a link

http://gotyourbackarkansas.org/money/illegal-payday-lending/
 
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tranquility

Senior Member
guess you would be the one to tell me not to sue a former employer to get bonus money owed to me which I won by the way. I told him he could have to repay back more if he lost, I would personally see if I won the case before I put out a counter suit, since then. Pay day loans have been outlawed in my state but this guy did this online. He needs to read the agreement and see what the provisions are in that since it is a contract and he agreed to those terms. You and Zigners advice is laughable but it can not just be me.
If I took you or Zigner's advice then I would be an unemployed vagrant fool living in a homeless shelter or a van down by the river, I do not think either one of you have ever filed a civil claim or worked a case on anything ever by yourselves.
I am uncertain of your point. To the question:
Question: Do I have a chance to counter-sue for loss of a days work for court case and aggravation, plus the unprofessional voicemail / emails?
You wrote:
Sure, file a small claim and counter sue, I would do it after this case is settled
Where the actual answer is, no. You can't sue for the time you took on the case or the aggravation or the unprofessional voicemail/emails.

EVEN IF this were found to be a malicious prosecution. (Which, it isn't.)
 
I am uncertain of your point. To the question:

You wrote:


Where the actual answer is, no. You can't sue for the time you took on the case or the aggravation or the unprofessional voicemail/emails.

EVEN IF this were found to be a malicious prosecution. (Which, it isn't.)
Why? you can sue anyone for anything, you might not win but I see no provisions where he could not try and claim the hours he worked and the lost productivity of the suit in a separate civil claim, it could get dismissed but it is his call. It can be anywhere from 75-150 bucks to file a small civil claim and you can file a small claim up to 5 grand. There are also states with usury laws that any lender receiving over 100 percent interest is considered loan sharking. If you do business in a state regardless of online or not then you must obey the provisions of that state. I am sure he could also report them to the attorney general and see if they are willing to help him. The advice received her is not very legit and/ or has no merit in any type of actual factual hearing which makes me wonder if you all do it intentionally or is there some other motive?

Have any of you all ever filled out a civil claim against anyone and won? just a question
 
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tranquility

Senior Member
Why you can sue anyone for anything, you might not win but I see no provisions where he could not try and claim the hours he worked and the lost productivity of the suit in a separate civil claim, it could get dismissed but it is his call. There are also states with usury laws that any lender receiving over 100 percent interest is considered loan sharking. If you do business in a state regardless of online or not then you must obey the provisions of that state. I am sure he could also report them to the attorney general and see if they are willing to help him. The advice received her is not very legit and/ or has no merit in any type of actual factual hearing which makes me wonder if you all do it intentionally or is there some other motive?

Have any of you all ever filled out a civil claim against anyone and won? just a question
Google malicious prosecution. Also, you might try to figure out what theory such things as mentioned are considered "damages" one could sue upon.
 
Google malicious prosecution. Also, you might try to figure out what theory such things as mentioned are considered "damages" one could sue upon.
it is not malicious prosecution this is NOT a criminal case this is a CIVIL case meaning the burden of proof is not the defendant to prove he did not do it but rather a judgement call based upon a preponderance of the evidence. There is a huge difference between criminal and civil cases, the burden of proof is way different. Hell if the lender does not show up to the civil court case then it could possibly be thrown out, I would imagine he will show but you never know?
 

Zigner

Senior Member, Non-Attorney
Why? you can sue anyone for anything, you might not win but I see no provisions where he could not try and claim the hours he worked and the lost productivity of the suit in a separate civil claim, it could get dismissed but it is his call. It can be anywhere from 75-150 bucks to file a small civil claim and you can file a small claim up to 5 grand. There are also states with usury laws that any lender receiving over 100 percent interest is considered loan sharking. If you do business in a state regardless of online or not then you must obey the provisions of that state. I am sure he could also report them to the attorney general and see if they are willing to help him. The advice received her is not very legit and/ or has no merit in any type of actual factual hearing which makes me wonder if you all do it intentionally or is there some other motive?
You keep speaking to a "counter-suit" - and how you would file it AFTER the underlying case is resolved. Do you even know what a counter-suit is? By definition, what you are suggesting is impossible to do.

Have any of you all ever filled out a civil claim against anyone and won? just a question
Yes, more than once.
 

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