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    Lutisa Jones's Avatar
    Lutisa Jones Posts: 1, Reputation: 1
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    #1

    Sep 17, 2013, 07:37 PM
    Payday loan
    In Virginia or any state if you owed a payday loan and it was about 2 years ago no one sent a letter or called you and you went to cash a paycheck and they took your money you owed and interest without notifying you of the debt or asking to make an arrangement is this legal
    ma0641's Avatar
    ma0641 Posts: 15,675, Reputation: 1012
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    #2

    Sep 17, 2013, 07:40 PM
    So you just "forgot "about the loan? Please write in a sentence structure.
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #3

    Sep 17, 2013, 08:57 PM
    You were notified of the debt when you took out the loan. I am surprised that they didn't try to contact you about it, but it's not their responsibility to remind you of the loan, it's yours.

    At 2 years you would still owe the loan, so they are entitled to it. I'm not sure if it's legal for them to take it out of a check you cashed with them without your permission.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #4

    Sep 17, 2013, 09:05 PM
    After 2 years I am sure you owed a lot more in interest, so you probably got off easy.
    Payday Loan Calculator | Calculate Payday Loan Interest APR
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #5

    Sep 17, 2013, 09:07 PM
    Quote Originally Posted by N0help4u View Post
    After 2 years I am sure you owed a lot more in interest, so you probably got off easy.
    Payday Loan Calculator | Calculate Payday Loan Interest APR
    The OP did mention that they took the loan, plus interest. So he didn't get off easy at all.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #6

    Sep 17, 2013, 09:11 PM
    Must have been a decent size check if they got every penny of it.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Sep 18, 2013, 04:39 AM
    It depends on the contract you signed. If you gave them your bank account info and signed a note stating they could access the account without legal action then it may be legal.

    However, most of the time, they need to obtain a judgment first. Once awarded the judgment they can obtain a writ of execution to attach your bank account. So the question is were you ever informed that they were suing you? A suit could have been filed and adjudicated anytime since you defaulted on the loan. Once a judgment is obtained, they do not have to contact you before enforcing the judgment.

    If, however, you were never informed of the suit, you might be able to have the judgment vacated on the grounds of improper service. But that is only a delaying tactic. They will properly serve you immediately and get a new judgment.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #8

    Sep 18, 2013, 05:14 AM
    It is legal if they tried to contact you and you weren't at your last known address, or you threw out your mail - all they have to do is prove they tried. Unlike a criminal case, a civil case can get a judgment without you being present.
    You had an 'arrangement' when you took out the loan. You agreed to this.
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