How doI get out a lawsuit being filed against me, if it is for a loan that I know nothing about?

UPDATED: Aug 22, 2011

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How doI get out a lawsuit being filed against me, if it is for a loan that I know nothing about?

Someone called me and said a payday loan company is filling a lawsuit against me for a loan payment. I have never received any money from the company, signed any papers for a loan, or even applied for a loan. They also refuse to give me a copy of this lawsuit. However, they want me to pay over the phone, in order to cancel the lawsuit.

Asked on August 22, 2011 Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This sounds like a scam.  Don't pay over the phone.  In order for there to be a lawsuit, you would have to be served with the lawsuit.  If the company calls again, ask the name and address of the court in which the lawsuit has been filed and the case number.  Most likely, the caller will hang up because there isn't any lawsuit and there isn't any case number.  If you are served with a lawsuit, you will need to file an answer to the complaint (complaint is the lawsuit attached to the summons) with the court.  Your answer would deny the allegations in the complaint.  With  your answer to the complaint, you would also want to file a cross-complaint (countersuit) for fraud.

It would also be advisable to contact the consumer fraud division of the FL Attorney General's office regarding this scam. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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