about a year ago I took out a pay day loan for 300$ to Check N Go. Unfortunately i could not pay the loan off due to financial hardship. I am currently seeking consultation about filing chapter 7 bankruptcy, but until that happens, i have continued to receive calls about papers needing to be served to me regarding the unpaid loan. Can i get a judgement based off this? Are these claims true in the state of CA?
Yes, once served with a summons and complaint the creditor can get a judgment against you. I assume the terms of the Pay Day loan were in writing. In California the statute of limitations on such a claim is four years.
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Yes, they can seek and obtain a judgment against you for an unpaid debt. Once you file your Ch 7, if you choose to do so, the creditor can no longer seek the judgment or take any other actions to collect the debt. However, if your only debt is $300 or so to Check N Go, I don't know that spending $306 to file a bankruptcy, plus attorney fees, is necessarily the most prudent choice.
Eric Ridley can be reached by phone: (805) 244-5291, by email: firstname.lastname@example.org, or at http://www.ridleylawoffices.com This answer is intended to provide general information only. It does not create an Attorney-Client relationship, nor should it be construed as legal advice or an opinion on specific situations. Eric D. Ridley is licensed to practice law in California. The Law Offices of Eric Ridley emphasizes Estate Planning, Bankruptcy and Consumer Law & Litigation.
Intellectual Property Law Attorney
While I cannot give you legal advice in this forum, until the bankruptcy is filed the creditor is free to pursue a judgment. If you signed an agreement, which is generally the case, the statute of limitations is 4 years. If so, there is no defense simply because 1 year has passed.
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Chapter 7 Bankruptcy Attorney
Yes, it's correct that the creditor (Check N Go) can sue you for this debt. However the cost to file a "limited jurisdiction" lawsuit in Los Angeles County is $370, so they are not likely to file a lawsuit until interest and penalties have made the debt much larger. It's more likely that you'll be contacted many more times by collection agents before any suit is filed.
You may be able to settle the debt if you were able to pay a small amount each month ($20 or $25), but only offer what you can realistically pay without sacrificing necessities. You might also check to see if there is a legal aid office in your area that could provide some guidance.
This answer is for information purposes only based on limited information, and is not legal advice. No attorney-client relationship is intended or formed by the posting of this answer.