Complaint Review: Shawn Dassie, Esper Law Firm
Shawn Dassie, Esper Law Firm Quick PayDay Emailed about a fake payday loan i took out and are using the name of a lawfirm that doesnt even know them. Nationwide
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Plaintiff: Quick Payday Account id: 00/100/3636 This letter is a prior notification to you regarding your account with Quick Payday before your file gets registered inside the courthouse with the legal procedures on your name. This notice will certify that a petition has been entered against you. The above name entity individual respectfully requests that you immediately settle this account. This consideration includes the penalty fees, judge fees; courthouse fees, etc. It may put you in a legal mess. Since you have not made the payment, we would be forced to commence lawsuit without further delay followed by all the legal interrogatories and consequences; this could further jeopardize your credit ratings, and your social will be hampered. The company holds the prima facie regarding your case. The longer you go without paying your payday loan, the more you will owe the lender. Because money lender often charges hefty interest rates (up to 600% annually) and fees for nonpayment. Some states have rules related to how much interest a payday lender can charge, however, other states, such as Texas; allow payday lenders to charge unlimited interest and fees for nonpayment. Besides, non-repayment of the loan will be reported to the three major credit bureaus causing severe damage to your credit score, jeopardizing your credibility in future. Defaulting on loan obligations may result in not being able, or being less able, to borrowing again in the future from other credit institutions, the collection action will stay on your credit report for seven years. Also, to inform you that this loan was provided to you against your paychecks. My claimant that's your Quick Payday has all the rights and is authorized to Email/Fax the official copy of the court subpoena to your human resources or the legal representative of your firm. Wherein, they have to appear in the court while the case is on which would be resulting in termination from the full-time employment and to make sure they take strict actions against you. Consequently, your salary/wages will be garnished. This is the last warning before taking further actions on the judgment against you. Failure to this notice will require us to utilize one of the enforcement as mentioned above options against you. No further notice will be given before further enforcement actions on this judgment. If you have any issues regarding this matter reply us back and we will contact you as soon as possible to help you to get out of this issue.
Sincerely, Shawn Dassie Legislation Department Esper Law Firm
Followed up by the followed up by the following fake email Claimant: Quick Payday Reference: CF98411
Plaintiff has given you more than ample time and notices regarding your long overdue balance of $ 1,310.78 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 $ 1,310.78 (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 $ 1310.78 being: - The amount claimed, interest and the court rate up to the specified date, Fixed costs and Stamp duty is included for $ 1,310.78. 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, Shawn Dassie Legislation Department Esper Law Firm
This report was posted on Ripoff Report on 11/28/2017 11:27 AM and is a permanent record located here: https://www.ripoffreport.com/reports/shawn-dassie-esper-law-firm/nationwide/shawn-dassie-esper-law-firm-quick-payday-emailed-about-a-fake-payday-loan-i-took-out-and-1413866. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content
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