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How do I defend myself againt a breach of contract claim for…

Customer Question
How do I defend...

How do I defend myself againt a breach of contract claim for a cash advance due to hardship?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Indiana

Lawyer's Assistant: Has anything been filed or reported?

Yes

Submitted: 8 months ago.Category: Legal
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Answered in 5 minutes by:
9/25/2017
Lawyer: Dwayne B., Attorney replied 8 months ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Lawyer: Dwayne B., Attorney replied 8 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

If you receive a notice or email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the notice or email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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Lawyer: Dwayne B., Attorney replied 8 months ago

Can you rephrase and maybe add a few acts to put this into context? I'm not sure what you're asking.

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Customer reply replied 8 months ago
I received cash advances from several lenders. the advances came with high interest rates which I believed at the time I could handle. however,my company lost a huge contract which was worth 25k per month. this put my finances into great difficulty. I did the best I could to keep up with the payments but the burden became to great and put us deep in the negative. these lenders are now filing lawsuits against me and have placed a freeze on one of my bank accounts. I need to know what legal approach I can take to defend myself against this
Lawyer: Dwayne B., Attorney replied 8 months ago

If the loans were legal then a lack of ability to pay isn't a defense. You could file bankruptcy and wipe the debts out.

Some "payday loan" places were illegal because they charged too high of an interest rate and if these were that kind then you could use that as a defense. You would have to take all of your paperwork to a local lawyer and let them look it over and they may be able to tell you whether they are legal loans or not.

Great Sky Lending was the only name I remember that was an illegal company but they did business under lots of names.

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Customer reply replied 8 months ago
well is being unable to pay sufficient as a defense under the hardship provision?
Lawyer: Dwayne B., Attorney replied 8 months ago

No, inability to pay isn't ever a defense. Where are you looking that told you about a "hardship" defense?

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Customer reply replied 8 months ago
lawyers who deal with debt relief have contacted me in regards ***** ***** they have dealt with similar cases before. just looing for other angles
Lawyer: Dwayne B., Attorney replied 8 months ago

They are probably talking about bankruptcy without saying it then. There are a number of equitable defenses, but that isn't one of them.

You can see a list of equitable defenses at https://www.americanbar.org/content/dam/aba/publications/books/Ch_15_Model_Jury_Instructions_Construction_Litigation.authcheckdam.pdf

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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