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Location: 23.7 million to 162 million miles North of Venus
23,543 posts, read 12,517,887 times
Reputation: 10463
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Quote:
Originally Posted by LarsMac
I truly understand. But they are going to cost you far more money than you ever got from them. They always do. Not "always".
They are bloodsuckers that would embarrass Vlad, himself.
If I was in charge I would establish a 'Van Helsing' squad to hunt them down and flush them from the face of the planet. I'll join you in the hunting and flushing, lol.
The only way out is to give them your hard-earned money as quickly as possible and get them out of your life. The deal is, the OP actually only owes about $779. That lawyer is trying to soak the OP for an extra $1076, in legal fees, that the lawyer may not (and probably legally can't) require the OP to pay unless a judge allows it (and since there has been no hearing as of yet then no judge has allowed it). If the lawyer is tacking on legal fees, before a hearing, then the lawyer is probably in violation - to the tune of up to $2k (up to $1k per action x 2) that he may owe the OP, if the OP goes after him over it.
Or declare bankruptcy and leave them holding the bag. File BK for $779? It would cost much more than that just to file the BK.
Tink, have you spoken to that naca lawyer again yet? You might also consider contacting several lawyers from that site and running this by them as well. It wouldn't hurt to get several different opinions.
Location: 23.7 million to 162 million miles North of Venus
23,543 posts, read 12,517,887 times
Reputation: 10463
Quote:
Originally Posted by karen_in_nh_2012
You were in such dire financial circumstances that you had to use payday lenders ... and somehow that was a good time to have a kid?
I'm sorry, I know I sound judgmental (I guess I am when it comes to this issue), but I read through this thread and I am flabbergasted. My first thought was, "Just pay it. You borrowed it, just pay it back." I don't mean all the extra crap that the lawyer added on, but what you actually borrowed ... well, it wasn't free.
(This is why I think payday lending should not even be allowed, but that's a different issue.)
OP, I wish you luck.
Why is it that people are judgmental about someone who owes and could care less that an attorney is willfully and unethically violating a debtors rights? If you are "flabbergasted" then maybe it should be about that too.
Maybe the attorney should pay Tink the $2k for the violations that he willfully committed, then Tink could turn around and pay 'only' the $776 that he/she owes, instead of the $1855 that the attorney is wrongfully demanding.
Tink, have you spoken to that naca lawyer again yet? You might also consider contacting several lawyers from that site and running this by them as well. It wouldn't hurt to get several different opinions.
Perhaps with a lawyer, he can get it back down to ~800 he actually borrowed.
Frankly it would be worth it to me to pay another lawyer just to make sure the first one doesn't get all that money.
However, if you read the fine print on the payday loan docs, you will see that you essentially agreed to all collection costs when you took the money.
If you have time, and can find a lawyer that will take you case for less than you would end up paying this collection guy, it's probably worth it. But, my advice: you'd better stop hanging around this forum, get off your a$$ and get 'r done, cause the whole time you are temporizing, the ticker on this guy's desk is tacking on more charges.
Sorry, I do understand the desperation that leads one to go to these kinds of places to borrow money. I have been there. But, screwing around with this is just going to cost you even more money.
Why is it that people are judgmental about someone who owes and could care less that an attorney is willfully and unethically violating a debtors rights? If you are "flabbergasted" then maybe it should be about that too.
Maybe the attorney should pay Tink the $2k for the violations that he willfully committed, then Tink could turn around and pay 'only' the $776 that he/she owes, instead of the $1855 that the attorney is wrongfully demanding.
I didn't suggest that I couldn't care less about the lawyer -- quite the contrary, he sounds like a scumbag. And I also do not support payday lenders, as I made clear.
I was specifically responding to the OP's reason for ignoring the debt: she had a newborn.
Karen first off, I did NOT decide to have a child. Birth control is not 100 percent effective.
And
Larsmac: And as you put it I have been off my ass doing something about it, and in between that I've been on this forum finding more out. Since Saturday I have spent everyday calling and speaking to attorneys, and JAMS etc and getting info from this forum.
Anyways....
Berdee: I have called all the attorneys who are near me from naca. 1 called me this morning and took all the info and said she will give it to the attorney an be in contact with me by Monday. Then I found another attorney not from naca and they had me email them what happened to show the attorney and they said they will be in contact. I also sent out my notice of election for arbitration with cmrrr yesterday. According to the post office those were recieved today. I also called the court listed on the summons again and they said these papers have still not been filed.
The paralegal i spoke to earlier who said she will contact me by Monday said that she's willing to bet this guy wasn't planning on taking me to court, he just wanted me to hand him my employment info so he could garnish my wages.
The attorney trying to sue me emailed me asking if I was filing bankruptcy and if I was to give him the name and number of my attorney so they could work something out.... (Which I did not give him any info)
Location: 23.7 million to 162 million miles North of Venus
23,543 posts, read 12,517,887 times
Reputation: 10463
Quote:
Originally Posted by Tink1o5
Berdee: I have called all the attorneys who are near me from naca. 1 called me this morning and took all the info and said she will give it to the attorney an be in contact with me by Monday. Then I found another attorney not from naca and they had me email them what happened to show the attorney and they said they will be in contact. I also sent out my notice of election for arbitration with cmrrr yesterday. According to the post office those were recieved today. I also called the court listed on the summons again and they said these papers have still not been filed.
The paralegal i spoke to earlier who said she will contact me by Monday said that she's willing to bet this guy wasn't planning on taking me to court, he just wanted me to hand him my employment info so he could garnish my wages.
The attorney trying to sue me emailed me asking if I was filing bankruptcy and if I was to give him the name and number of my attorney so they could work something out....
I'm so glad that you've been trying to contact different lawyers, I hope they will be helpful for you. You might wait until you hear back from the lawyers before you respond to the one lawyers request for that information.
As I had posted from the CO RCP, in post #60, the complaint must be filed (with the court) within 14 days after service ... and you'd only been served 4 or 5 days ago(?).
I don't know what the para was thinking about when she made that comment about the lawyer not planning on taking you to court, that he just wanted to garnish your wages .. it doesn't work that way and the para should know that. Nobody (except the government) can garnish wages or levy a bank account without first getting a judgment, and after getting a judgment, filing with the court for a garnishment or a levy.
The paralegal thought that because This attorney has garnished me previously and when he did .. I was NEVER served with papers. So i wasnt able to go to court and fight it or anything because he NEVER served me. He just garnished my wages unknowingly. ( i didnt know until my employer gave me the papers saying i was garnished) This was back in 2011.
Yes I was served November 30th, although as I said earlier I Have already sent my notice of election for arbitration, so from what i've gathered he can no longer take me to court.
Location: 23.7 million to 162 million miles North of Venus
23,543 posts, read 12,517,887 times
Reputation: 10463
Quote:
Originally Posted by Tink1o5
The paralegal thought that because This attorney has garnished me previously and when he did .. I was NEVER served with papers. So i wasnt able to go to court and fight it or anything because he NEVER served me. He just garnished my wages unknowingly. ( i didnt know until my employer gave me the papers saying i was garnished) This was back in 2011.
Yes I was served November 30th, although as I said earlier I Have already sent my notice of election for arbitration, so from what i've gathered he can no longer take me to court.
There was a judgment entered against you back in 2011? Did you have it vacated for improper service?
There was a judgment entered against you back in 2011? Did you have it vacated for improper service?
No i didnt do anything he got his money. I didnt find out that it wasnt legal for him to just garnish me like that until this year. This was for a previous debt. Not the 2 he is trying to get from me now.
So, you've had a history with this guy. Thanks for mentioning that.
Good luck.
Let us know how it all works out.
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