Can I have a judgement placed against me for unpaid payday loans over a year old in the state of CALIFORNIA?

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?

Lancaster, CA -

Attorney Answers (4)

Michael Raymond Daymude

Michael Raymond Daymude

Bankruptcy Attorney - Sherman Oaks, CA
Answered

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.

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
James Michael Slominski

James Michael Slominski

Intellectual Property Law Attorney - Los Angeles, CA
Answered

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.

THIS RESPONSE IS INTENDED TO CONVEY GENERAL INFORMATION ONLY. IT SHOULD NOT BE RELIED UPON OR TAKEN AS LEGAL... more
Eric D Ridley

Eric D Ridley

Debt Collection Attorney - Port Hueneme, CA
Answered

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: ridley.eric@gmail.com, or at http://www.... more
Lisa Jane Espada

Lisa Jane Espada

Debt Collection Attorney - San Francisco, CA
Answered

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-... more

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