Legal Question in Consumer Law in Missouri

I recently applied for an online loan, they asked to get a meta card form to show good faith payment that I had access to 200 dollars ,the first payment. I wasn't able to get to the store to get it. And since then have been thinking about the loan and am questioning about getting it. The company informed me since I had made application and said during a recorded conversation that I wanted the loan that they would charge me 289 dollars if I didn't take it out and sue me for that amount!! Is this possible?


Asked on 8/19/14, 12:15 pm

1 Answer from Attorneys

Anthony Smith LawSmith

There is very little that one cannot sue for. Many cases are Dismissed through a Motion for Summary Judgment. If you did not "sign" an agreement to take out the loan, there may be no grounds for the other party to get a judgment against you. Sometimes a recorded statement can be part of a signature. If they have been in the business for any length of time, they know that suing you opens them up to all kinds of consumer protection litigation through a Counterclaim. If they have not sent you the money, nor made credit available to you, they may have little or no hope for success at trial. Since they are an internet lender, it is likely that they are not even located in Missouri. Therefore, they would have to travel to testify at trial, and have the expense of hiring counsel, as corporations can only appear through counsel.

There may be chance that this "lender" believes that they have your agreement that suit may take place in the state in which they are registered. They may sue you there. If that happens, you will need to immediately consult with Counsel admitted to practice in that State.

It is very unlikely that you will be sued at all. But, they may try to make a negative report to the Credit bureaus. If that happens, you may have actions you can take. But, you would have to do so quickly.

Good luck

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Answered on 8/20/14, 8:41 am


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