Can a payday loan lender sue me for non payment after years of high interest

Asked about 1 year ago - Summerville, SC

been paying too long

Attorney answers (3)

  1. Thomas C. Nelson

    Contributor Level 11

    5

    Lawyers agree

    Answered . South Carolina's "usury" laws are not very strict compared to other states. You should consult with a consumer lawyer to determine whether there are any caps on the interest allowed for your particular type of loan. If the interest violates statute, you may have a defense. Either way, you can be sued and will have to deal with it in court or have a judgment entered against you. If you have defaulted on the loan (stopped making payments), then the lender GENERALLY has 3 years from the date of the last payment to file suit. If they miss this deadline, they may have lost the right to sue you forever. Finally, the Fair Debt Collection Act and the Fair Credit Reporting Act give some limitations on the lender's abilities to go after you.

    The foregoing is for general information purposes and does not establish an attorney-client relationship.
  2. John A. Jackson

    Contributor Level 13

    2

    Lawyers agree

    Answered . Yes, they can sue you. You might have defenses but they can certainly sue you if you breached the contract by not paying, not paying enough, or not paying on time. Good luck.

    This response is for informational purposes only and is not intended to convey detailed legal advice on any... more
  3. Tina Louise Brown

    Contributor Level 11

    2

    Lawyers agree

    Answered . I would only add that such lenders typically must file a "maximum rate schedule" with the SC Department of Consumer Affairs. Consumers can check with the department to see if a lender has contracted for rates above its filed schedules. Otherwise, as already stated, SC does not currently have a uniform system to cap interest rates.

    If you believe that there may be other issues and for advise specific to your individual circumstances, as opposed to general legal information, you should consult personally with an attorney. A personal consultation can also allow an attorney to review your paperwork. I wish you well with resolving your legal issue.

    No attorney-client relationship is created by this response. This information is provided for general legal... more

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