What to expect from pay day loan summons?

Question by Chocolate Drop: What to expect from pay day loan summons?
I received a summons for non payment of a pay day loan. What should I expect when appearing in court?

Best answer:

Answer by CatDad

Are you sure that this is a real summon? Is there a court case docket # and is there a firm date and time set? If it’s a real threat, then try to settle before it reaches court. If you can’t, show up in court and bring complete documentation of your income and living expenses to court. Pay stubs and copies of bills. You can use this to negotiate much more favorable repayment terms.

If you don’t show up, the other side will get a default judgment and they will get this on THEIR terms. They will tack on all sorts of add-on fees and the amount of the judgment could end up being two or three times the actual amount of the debt. Even worse, the court could authorize maximum wage garnishment if you don’t show up to make your case to the judge, which can be as high as 25% of your wages. Even if you are frightened….or you’re sick with a 102 degree fever, show up anyway. You are not being put on trial and there will be no jury. It will not be like the Judge Judy Show where the judge will be screaming at you and insulting you. It’s almost a step above going to traffic court…it will be over very fast.

On the day of the court, DO NOT sign any document from your creditor’s attorney that you do not understand. The other side’s attorney will probably shove a clipboard in your face with a document to sign. It will most likely be a “Consent Judgment” form disguised as a friendly payment plan. They’ll smile at your and say we can avoid court if you just agree to this payment plan. If you sign this and you’re just one day late on payment, then this agreement gives them direct power to freeze your checking account and garnish your wages. Tell them that you will not sign any document without having an attorney looking over it.

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