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

Summerville, SC |

been paying too long

Attorney Answers 3

Posted

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 specific issue. Transmission of the information contained in this response is not intended to create, and receipt does not constitute, an attorney-client relationship. The Law Office of John A. Jackson only practices law where properly authorized to do so and does not seek to represent anyone in any other jurisdiction. This site does not make use of any secure encryption technology, and any transmissions to the Law Office of John A. Jackson may be intercepted by third-parties. DO NOT send us any information that you regard as privileged or confidential. John A. Jackson is licensed to practice law in the State of South Carolina. You should not act upon the information contained herein without first seeking the advice of an attorney licensed to practice in your area.

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Posted

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.

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Posted

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 information only and does not constitute advice. It does not address specific, personal issues as there is no direct contact with the questioner nor a review of any applicable documents. Responses are based on SC law, or any applicable federal law, as I am an attorney licensed only in SC. You are strongly advised to consult with an attorney in-person. The Brown Law Office, LLC is a private law firm owned and managed by Tina L. Brown, solo practitioner, and providing legal representation in the areas of bankruptcy, residential and commercial leases, education, foreclosure defense and social security disability appeals. More information can be found at www.thebrownlawoffice.vpweb.com.

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