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!
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!