From: Robert Williams SykesAngela.1988@yahoo.com
Sent: Thursday, September 20, 2018 11:54 AM
Subject: Letter Before Action
Date: Sept. 20th, 2018
Dear:
SSN: 569
Claimant: Quick Payday
Reference: MC148829
Plaintiff has given you more than ample time and notices regarding your long overdue balance of $ 1,331.16 for the settlement of the legal matter outside the courthouse. Numerous attempts to resolve your long overdue account have been unsuccessful. As you know, your overdue balance now equals $ 1,331.16 (which includes interest on the overdue account). Interest will continue to accrue on this past due account.
You are requested to appear in the court to defend the action of which particulars appeared earlier and now. If you do not appear and defend the proceedings, there is no hearing so it is highly likely judgment may be given in your absence.
If the court rules in favor of the Plaintiff/ creditor (Quick Payday), you have to pay up when the order tells you to. If you don’t pay up as ordered, the Plaintiff may then take steps to collect on the judgment under Enforcement Action.
As per the enforcement action, your Plaintiff has some other options to make you pay -
1. Garnishment from your wages to pay the debt under an attachment of earnings order.
2. Take the money that you are owed by someone else from your bank account. It is called a third-party debt law.
3. The Plaintiff can take steps to receive the money it is owed by asking for a lien on an un-exempted real estate owned by the debtor, the sale of the debtor’s property secure the debt against your home or other assets you own. It is called a charging order and means that you could lose your home if you don't keep up the repayments.
After a judgment, you may be summoned to answer questions about your finances. Fail to meet the summons it is remotely possible that you will be picked up by police for disobeying a court order.
Enforcement mechanisms
The following are the main ways of enforcing judgments:
1. Execution against goods (order from the court which directs the Sheriff or County Registrar to seize your goods and sell them to raise the amount of money which you owe plus costs.).
2. Installment orders, followed (if necessary) by committal orders.
3. Earnings Attachment.
4. Judgment mortgage.
We would like to draw your attention to the fact that in most states, judgments are good for ten years, so if the Plaintiff has a judgment against you, any property you acquire within ten years of the judgment could be seized, as long as the loan has not been paid.
Even though a payday lender can sue you civilly to collect the balance of the loan, failing to pay a payday loan is not a crime while some collectors threaten borrowers with criminal action, you cannot be sent to jail unless you intentionally took out the loan not planning to pay it back as a fraud.
It will be your final opportunity to resolve this matter on your overdue balance account within five working days without the expenses of court proceedings.
You will stop this going to court if, before the date given above, you pay the sum of $ 1,331.16 being: -
The amount claimed, interest and the court rate up to the specified date, Fixed costs and Stamp duty is included for $ 1,331.16.
Under section 88 of the National Credit Code, I have briefed you up with the affidavit and done my part; now the best is up to you.
Sincerely,
Robert Williams
Litigation Department
Curgil Legal Services