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Allen M., Esq.
Allen M., Esq., Attorney
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Can I be sued for a payday loan that I never received from

Resolved Question:

Can I be sued for a payday loan that I never received from the unknown company?
Submitted: 1 year ago.
Category: Legal
Expert:  Allen M., Esq. replied 1 year ago.
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

You can be sued for just about anything. If you told me your name and gave me your address, I could sue you, though we've never met.

What matters is whether or not they can successfully sue you. To do that, they would have the burden of proving that you actually received the funds and that it actually was you that entered into an agreement with them and got the money from them.
Customer: replied 1 year ago.
Thank you for that answer. We'll I've looked into my bank history and I have never received a loan from this so called payday loan company. Plus I've answer the company to please provide me with more information about this loan and they won't provide me with this information. I've also never received any letters or emails about any payday loans or have I ever been giving a settlement statement for the amount they are claiming to sued me for. What should I do about this? They are claiming that I should appear in court on Monday in Tampa, Fl but I live in Connecticut.
Expert:  Allen M., Esq. replied 1 year ago.
They may have identified you incorrectly or may, in fact, be trying to scam you.

You shouldn't have to appear in court until an actual complaint has been filed that has the actually basis for their lawsuit attached.

If you have not received any court documents or summons, you'll need to demand from them the docket number so that you can actually figure out what the court issue is about. You may then have to hire a local attorney, if they actually have a docket number, so investigate for you (a limited engagement, so the cost should be lower than a full representation).
Customer: replied 1 year ago.
Will I be issued a letter from the courts in Florida about this case? Or will it results in me getting arrested because I never appear in court on Monday?
Should I wait to hear from the courts?
Expert:  Allen M., Esq. replied 1 year ago.
You can't be arrested for not showing up to a civil lawsuit. Worst case is that they give a default judgment to the creditor and then you get to fight that default judgment by showing that you were never served and then that you didn't receive the loan from them.

I wouldn't wait to hear from the courts if you can take some action to speak to them now, but ultimately, if this is a real case, you'll get some documentation from the plaintiff, which would also be from the court.
Allen M., Esq., Attorney
Category: Legal
Satisfied Customers: 16093
Experience: Lawyer and legal specialist.
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Allen M., Esq.
Allen M., Esq.
JAG officer and professor of law
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Lawyer and legal specialist.