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

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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

Answers:

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

Answered 10 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. 


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