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Small Claims Backlog

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    Small Claims Backlog

    I recently denied a small claim and sent the money to file a denial with the small claims court in a nearby county. I called today to see if a hearing date had been set. The clerk told me they received my "response," but they are currently booked solid until September!

    A few months ago, I tried to get a workout agreement with this creditor and they refused. At approximately 150 days late, they served me a small claims summons. So, start of non-payment to small claims hearing will be approximately 8 1/2 months. Then, it will probably be another month before they can attach my wages.

    Originally, I asked that they reduce my payment by 1/2 until loan was paid. Since the loan was only ~$1200 - $1400, they could have had 1/4 - 1/3 paid back to them. Perhaps they just wanted to show how tough they are on debtors who default. Oh, well, I tried to talk to them.

    It might be interesting for the mediator/judge to see the 30% interest rate on this debt. I'm very curious to see what happens.

    #2
    30% in our state is usury. However, if you are BKed, that case is on automatic stay and you cannot nor they persue it until the bk is over. In fact, since they have been such putts, I hope you listed them and it may get wiped. Other than criminal, no suit can proceed in bk. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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