Can a Storefront payday loan company sue you for writing a bad check? What about and Internet payday loan company?

Asked almost 2 years ago - Phoenix, AZ

I guess really my question is, is what can a Payday loan company sue you for? I know that they can get a judgment to garnish your wages. But is that All they can sue you for?

Attorney answers (3)

  1. 2

    Lawyers agree

    Answered . If they loan you money and you do not pay they can sue you on your obligation to pay, it is normally a breach of contract action and they would likely ask for the amount owed, pre-judgment interest based on the interest rate in the loan agreement and attorney's fees. If they obtain a judgment, they could take any valid supplemental procedure to collect the judgment, including wage garnishment, bank garnishment, or attempt to collect against personal or real property. There are additional things that they would have to do after getting the judgment to collect, but they would be available.

    This information is provided for general informational purposes and is not intended as legal advice. An attorney... more
  2. 1

    Lawyer agrees

    1

    Answered . They can sue you for breach of contract and execute on any non-exempt property. The most they can win is what you owe plus interest. It is rare for a payday leader to sue though. They make so much interest on the consumers that pay them that they oftentimes leave the ones that don't alone. I'm not guaranteeing anything though. Perhaps a AZ attorney will explain a bit about AZ exemption laws since I am specifically unfamiliar. Good luck! Thanks for visiting AVVO.

    I am an attorney licensed to practice law in Ohio and some Federal Courts throughout the United States. I am not... more
  3. Answered . Sure they can sue, the question is would they bother. Typically pay day loans are small and the cost and effort in filing a lawsuit which is easier than the cost and effort in collecting on a judgment after the lawsuit may not be worth it.

    I am not YOUR lawyer. You should not rely on answers to questions as legal advice. For legal advice you should... more
Avvo advisor logo@2x

Need an answer to your questions within 15 minutes?

  • 15-minute phone call
  • Ask any questions
  • $39 flat fee
  • Money-back guarantee
Talk to an attorney now

Can't find what you're looking for?

Ask span5@2x

Ask a question on our public forum.

Ask a lawyer
Or@2x
Advisor span6@2x

Have an attorney contact you privately.

Right now.

Icon lock@2x
Secure conversation. Your details remain between you and your attorney.
Icon clock@2x
Get an answer guaranteed. Be assured that a lawyer will contact you to help with your legal issue.
Start your session now