Do I need to go to court regarding a payday loan?

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Do I need to go to court regarding a payday loan?

I had a payday loan that was turned over to a collection agency. I’ve tried contacting the collection agency numerous times and have not gotten anywhere. Then, I received a summons for this loan. I’ve tried call the law office that is identified on the summons and they refer me to the collection agency and the collection agency refers me to the law office. I finally spoke to someone at the law office today. They said i cannot set up payments. I need to wait for the court date to set up payments. They also said I don’t need to show up for court that it won’t change the outcome.

Asked on April 23, 2012 under Bankruptcy Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Is the law office acting as a debt collector or on behalf of the debt collector?  You need to read the Fair Debt Collection Practices Act and see where you fit in.  It is NEVER WISE to not appear in court.  If you ar served with papers you need to put in an answer and to appear on the date the court sets.  Otherwise the creditor will get a default judgement against you and levy assets.  Get help here.  Good luck.


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