Payday loan default; I am receiving calls from an attorney office

[Stressed01]

I took out a payday loan in 2007, Im receiving calls from an attorney office at least thats what there saying that they have a summons for me to appear in court. Can they do this?

[Friend In Court]

Yes. A creditor can sue for a debt and get a judgment plus attorneys fees and court costs. You need to answer the summons within the allotted time, usually 20 days.

Originally Posted by Stressed01 I took out a payday loan in 2007, Im receiving calls from an attorney office at least thats what there saying that they have a summons for me to appear in court. Can they do this?

What state does this take place in? The statute of limitation for suing may or may not have expired.

It would be helpful if you knew for sure exactly where the call originated from. Caller i.d. can assist you in tracking down that information.

Legitimate creditors and debt collectors do not make such statements. They go to court and have you legitimately served. What you experienced was an intimidation (or "scare") tactic. Don't fall for it and do not make any decisions based on intimidation or threats that a lawsuit is imminent. If they had a summons, you'd have already been served.

Can they make false statements? Not legally. They can be monetarily fined for doing so. They can also be fined for representing themselves as attorneys when they are indeed not attorneys.

Please take a moment to google search the Fair Debt Collection Practices Act. Download a PDF copy of the booklet and read it both carefully and thoroughly. It should provide you with valuable information and give you an idea of how to proceed from here.

You might also want to obtain a copy of your credit report and see if the item is showing.

[Lexus]

Generally no law firm/attorney office will do such tactics. If they have summons they will serve you as per the procedure. But you just clarify under what circumstances they made such a call? From the facts it seems that this is a trick committed by Creditor Company to intimidate you. You may approach the court clerk (if you know the court) to clarify whether any summons have been issued against you.

[msg]

Be aware that there is a common scam these days from offices that are not lawyers saying they are suing on old payday loans. Many of the people are in fact abroad.

Verify who the lawyer really is.

[Stressed01]

Originally Posted by Friend In Court Yes. A creditor can sue for a debt and get a judgment plus attorneys fees and court costs. You need to answer the summons within the allotted time, usually 20 days.

The person who called and advised there is a summons, I tired to call it back and it advised the number was unavaiable. If this was a ligiment number they would have answered correct? Also if there was a summons wouldnt they have called you more than once?

[Stressed01]

Originally Posted by Unregistered What state does this take place in? The statute of limitation for suing may or may not have expired. It would be helpful if you knew for sure exactly where the call originated from. Caller i.d. can assist you in tracking down that information. Legitimate creditors and debt collectors do not make such statements. They go to court and have you legitimately served. What you experienced was an intimidation (or "scare") tactic. Don't fall for it and do not make any decisions based on intimidation or threats that a lawsuit is imminent. If they had a summons, you'd have already been served. Can they make false statements? Not legally. They can be monetarily fined for doing so. They can also be fined for representing themselves as attorneys when they are indeed not attorneys. Please take a moment to google search the Fair Debt Collection Practices Act. Download a PDF copy of the booklet and read it both carefully and thoroughly. It should provide you with valuable information and give you an idea of how to proceed from here.

I live in the state of pa, the number there calling from is a (855) number or they call from a private number.

[Stressed01]

Originally Posted by msg Be aware that there is a common scam these days from offices that are not lawyers saying they are suing on old payday loans. Many of the people are in fact abroad. Verify who the lawyer really is.

There calling themselves the Alliance group.

In each response, you have been given helpful, useful information. Now it's time for you to take that information and use it.

Look up the Statute of Limitations for your state. That's the first step.

Nobody here is going to do your homework for you. That is your responsibility. If you need the assistance of an attorney to advise you on step by step action, please consult one in your area.