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Being Sued By Payday Loan Company

Discussion in 'Small Claims & Municipal Court' started by Xandorf, Aug 10, 2008.

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  1. Xandorf

    Xandorf Law Topic Starter New Member

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    State: Kentucky

    I defaulted on a payday loan from Cash Express, LLC, in the process of collecting the Assistant Manager confronted me in public, and threatened to have me arrested for writing a cold check.

    According to KRS 286.9.100, (17) No licensee who enters into a deferred deposit transaction with an individual shall prosecute or threaten to prosecute an individual under the provisions of KRS 514.040.

    I went to their office and tried to work out a payment plan with them and they refused. They kept threatening to file a warrant on me. Now they have filed a Small Claims Lawsuit against me. According to the sheriff that served the summons, the assistant manager tried to file cold check charges against me. The situation has caused me to have several Panic attacks, to which my doctor has put me on powerful medications. What I want to know is,
    1. Do I have a claim against Cash Express? Any Damages?
    2. If I do, how would I go about filing the suit?
    3. Can I have their suit dismissed with prejudice? They filed the claim in small claims court and according to KRS 24A.240

    (3) No person, firm, partnership, association, or corporation engaged, either primarily or secondarily, in the business of lending money at interest, nor any collection agency or collection agent, may bring an action in the division in furtherance of their business.

    Or what can I do about this?

    4. . Also They filed it on 8/4/08 and the court date is 8/13/08 and according to KRS 24A.280

    The court shall set a time for hearing. The hearing time set shall be not less than twenty (20) days nor more than forty (40) days after service of process.

    Is there anything I can do there. To buy myself some more time to try to settle with them?
     

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