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    braster3375's Avatar
    braster3375 Posts: 2, Reputation: 1
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    #1

    Jun 27, 2009, 06:10 PM
    Judgment on a illegal debt
    Hi,

    I took a 200 Dollar loan from a Dollar Loan Center. Since I am military dependent I asked them several times if it is legal for me to get this loan ( even showed my ID card).
    When I fell behind with on payment they called the house spoke with my husband and when he asked why they even gave my the loan they replied that they would not asked for the military part. Making me look like a lair in my husbands eyes I call back and asked them again if it was legal to give me that loan. Just to get answers like pay and there is no grace period. Never got an anwer to my question. Instead silence for nearly a year and than I got handed a judgment by the Pennington County Sherriff. They want over 1100 Dollars and a confession from me.
    Is there anything I can do?
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #2

    Jun 27, 2009, 07:04 PM

    Are you an adult? Being a military dependent has nothing to do with it. It seems to be a legal loan that you defaulted on.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jun 27, 2009, 07:34 PM

    Why would it be illegal for them to make the loan? The only thing I can find is that certain types of lenders have to make additional disclosures to military personnel and dependents.

    Did you get a summons for a hearing or did they already get a judgement?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jun 27, 2009, 09:49 PM

    It may be against some military list for you to get a loan there ( that is a issue your spouse may have to deal with) but I can't see from what is said why the loan is illegal.

    But the time to fight it, and to prove it was illegal was at the hearing for the judgement, not afterwards. I would make payment arrangements
    braster3375's Avatar
    braster3375 Posts: 2, Reputation: 1
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    #5

    Jun 28, 2009, 05:59 AM
    In November of 2006 Payday loans or loans that have a higher interest rate than 36% are forbidden for military members and their dependents.
    A lender can face fines and jail for doing so.

    Plus I never got a summon for a hearing only a judgement.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jun 28, 2009, 06:04 AM

    You know I doubt that a payday law like that would stand up in appeals, since it discriminates against a specific segment but anyway.

    The main issue now is that the judgement is valid and binding unless you get it dismissed.

    You will have to file an appeal showing you did not get legal service, Look at the records and see how it says you were served
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #7

    Jun 28, 2009, 06:08 AM
    Quote Originally Posted by braster3375 View Post
    Is there anything I can do?
    Hello b:

    Go back to the court and file for a vacation of the judgment due to faulty service. If it's granted, you'll have your day in court.

    excon
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