being sued by cashcall

Unfortunatly, odds are the judge is only going to care if you owe the money or not. They aren't there to settle any other issues.

Sometimes in small claims court you will have to go through mediation first. That will give you a chance to work out arrangements before it goes to the judge. The arrangements you make are legally binding, and if you miss a payment then a judgement is automatically entered against you and the company can proceed with garnishing your check.

There are laws reagrding garnishment in your state. Usually it's around 25% of income. But if your check is already being garnished they will have to wait in line. Or they can see if the judge will let them seize assets, such as a bank account. This varies by state, so you should check your state laws to see what is allowed and what isn't.

The good news is that once they get judgement the interest rate will be set at a MUCH lower rate then it currently is at.

Thank you so much for that information. I do have one question hopefully this is a good one. but CC has a phone number listed on the court papers that is wrong. Now do they supposed to have all informaiton correct? any suggestions on this? thanks.

oh yes by the way this is the type of court i am going to Small Claims Court Trial would I go thru the mediation first? please let me know thanks.

When I went through my similar situation, the company sueing me put their lawyers cell phone number on the papers! At least I'm assuming it was their lawyer, because the voicemail had the same name. But that would really matter.

It depends on what your local court procedure is. You should be able to look it up if your court has a website. In my area, all small claims must go through mediation first. If an agreement can't be reached, then it goes before the judge. The judge will only decide if you owe the money or not, and if he decides you do, it is due in full by the end of the day, or else the company that recieved the judgement can pursue garnishments. During mediation you can offer to make payments. If the company agrees, it is written down and signed by both parties, and is a binding document. If you miss even one payment by one day, a judgement is automatically entered against you, and the company can pursue any garnishments or seizures allowed by law.

thank you very much i will let you know. lol.
Donna Mae

hello all is done and now i need to wait after the 10 day ruling i will let you know what happen. i am keeping my fingers cross. i would like to know how does a electronic signature suppose to look like? i have read but there is no examples on the internet. thanks.

Oh yes on the court papers they had the wrong address correct on first page but the others are all wrong with the wrong phone number. that phone number belongs to a person with the same first and last name as my husband. hopefully this might help i am nervous lol. we did not speak

I wouldn't think the phone and address info would matter much, unless you are saying that it isn't you that took out the loan.

An electronic signature would normally look like typed letters. If your name was Jane Doe it would look like " Jane Doe". It wouldn't be in your handwriting since it was done over the net. I don't think there is a specific way they have to look. It would depend on the company. But electronic signatures are 100% legal.

http://www.rtoonline.com/Content/Article/Feb06/DelewareBankOrderedToCeasePaydayLoanProgram022106.asp

1st bank has been warned about this. i thought they were told to stop and they did stop with ACE.

That is with PAYDAY LOANS. Again, Cash Call is NOT a payday lender. It gives out installment loans. A payment is due monthly. You pay over a period of years.

you should have threatened to call the FDIC on 1st bank of DE again.


http://www.fdic.gov/news/news/press/2005/pr1905.html

This is NOT A PAYDAY LOAN! Please read the posts before giving incorrect information!