Payday Advance and a Crisis

[shad0wburn3r]

What is the name of your state (only U.S. law)? OHIO

Hi there, I wanted to see if i could get some advice on a situation that i am in. In september I had a payday advance loan that came due. I have this payday loan for over a year and never had any problems paying it back.. never. In the begining of september i was taken off of work for a 90 day medical leave due to being diagnosed with cancer. I had surgery on the 24th of september and was in the hospital for 5 days, when i came home I was unable to return to work until recently, all my bills got behind, my phone got shut off, so i pretty much lost contact with everyone. BUT i did stay in contact with the cash advance place and kept them up to date, and I told them today when i spoke with them, how I had just started work back and i planned on making a payment towards paying off my debt at the begining of december. That wasn't good enough for them, he was really rude, which I understand he is a debt collector, but he said a payment is due by friday or he's handing my account over to a legal agencie, my first paycheck that im to get on the 1st of december, is taking a while because the whole "hold a check back" thing. Now my questions is, does anyone know what to expect from something like this if i am taken to court? what my options are? I never at one time expected not to pay them back, i know its my debt and i planned on making payments to get it paid. This wasn't something that I did on purpose, medical reasons held me back from working. ?

Any help is appreciated.

 

[dolebot]

Precisely why payday loans are such a terrible idea. I would sell crack before I dealt with those sharks.

he's handing my account over to a legal agencie

Such a meaningless term that often means nothing at all - and people get so riled up over it. In any case - it looks like he might sue you for the balance.

If he does you can settle at any point. I just about guarantee that if you pay him the balance, and the fees his "legal agency" charged - which is probably an hour of lawyer time, and the $240 or whatever to actually file the suit, he'll dismiss it.

does anyone know what to expect from something like this if i am taken to court?

A summons, which you would answer with a blanket denial. Judge sets a pre-trial conference where he sets up discovery and tries to get you guys to settle. Discovery happens, then a trial date, where both sides present evidence to support their respective case. In your case you would have to prove that you did not owe the money. Medical reasons are not a defense, you still owe the money.

what my options are?

Pay the debt before lawyers get involved. If the guys a dick there isn't anything he can do until it gets to court anyways. If he files before you can pay him in full, then you owe even more money.