John asked in Business & FinanceCredit · 8 years ago

how can I counter sue a payday loan company?

I applied for a payday loan back in December. I was denied, but one company said I was approved but I NEVER got the money. I checked ALL my bank statements and NONE of them had a loan deposited in them. Now I'm getting harassing phone calls from them, saying that they're filing a lawsuit against me. So can I COUNTER-SUE them for harassment, deprivation of character or anything long those lines?

Update:

So HOW can I sue them...and WIN!

8 Answers

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  • 8 years ago

    A lawsuit will be filed Monday to determine if Attorney General Gary King is protecting consumers from predatory lending or overstepping his bounds.

    Fastbucks will file a countersuit against King after he sued the company and claimed it was taking advantage of people.

    King's lawsuit was filed last year. It calls Fastbucks' practices "unconscionable," and claims the company is charging interest rates in excess of 500 percent.

    The Attorney General's Office is asking a judge to declare the terms of many Fastbucks loan unfair, make current loan agreements void and make the company pay restitution to customers.

    David Streubel represents Fastbucks. He will file the countersuit on Monday.

    "King is trying to accomplish through the courts what he could not accomplish in the legislature," Streubel said.

    Fastbucks' suit claims malicious abuse of process.

    Streubel said his clients are following the laws governing micro-loans and payday loans passed in 2007 by the state's legislature.

    Those rules limit certain fees, length of loans, who they can loan to based on income and requires the company to offer an out within 24 hours and payment plan for those in default.

    Streubel said King is trying to go even further, which is a power intended for the legislature.

    "They have considered micro loans every session since and have decided the industry is working pretty well," Streubel said.

    Fastbucks' attorney responded to King's claims by saying the company provides a valuable service.

    "Often the ability to get instant cash is the difference between getting evicted from their home, getting utilities turned off, getting food and medicine for their families," Streubel said.

    King's office said it couldn't respond to the lawsuit because it hadn't been served yet. The AG will decide if he can discuss it after thoroughly reviewing its claims.

  • 8 years ago

    You will never win. Grow up. If you can prove there was no loan they will lose. Let them sue.

    Also, there is no such thing as "deprivation" of character.

  • Anonymous
    8 years ago

    "deprivation of character " that is so funny.

    How ever when they call you have you actually ask them to send proof of the debt to you or are you to busy being so angry you let it get to your head. Don't do that then they win. Let them take you to court and go to court and let them prove to a Judge you got the money. Balls in their court IF you did nto actually get the money.

  • Anonymous
    5 years ago

    It is possible to instanly acquire an advance payday loan up to $1000 by using service: http://loans.servermatrix.org I managed to get my payday loan even though I have really bad credit rating.

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  • Anonymous
    8 years ago

    Get a copy of your bank records and call the BBB to report the company for fraud. This is an online scam they use. They will harass you until you agree to "settle" the claim and then they will drain your bank account.

  • 8 years ago

    Yes, sue them in small claims court

  • Anonymous
    8 years ago

    How did they deprive you of your character?

  • Ryan M
    Lv 7
    8 years ago

    Sure you can......winning and collecting is your real issue.

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