J. Timothy Esper & Associates, P.C.

J. Timothy Esper & Associates, P.C.

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Published: 24 March 2021

Posted by: Anonymous

They are scammer. I never got a loan from quick payday | *Hi, This legal proceeding is issued on your Docket with one of Quick Payday Company, concerning your account with Quick Payday Inc., which you took out from Quick Payday and failed to repay them back. It is to notify you that after making several calls on your phone number they were unable to get a hold of you. So now as on today’s date, accounts department of Quick Payday has decided to mark this case as a flat refusal and has authorized us to press charges against you in court. Plaintiff Quick Payday addresses the defendant to pay the sum of one thousand two hundred fifty which the plaintiff claims to be in respect of together with interest due thereon from the said date of repayment in full at such rate as the court may deem just. The whole as appears by Deed of Assignment in the plaintiff’s favor and to pay the cost of the action. Please note that commercial enterprises, banks, and other financial institutions, which in any manner, are involved in the lending of money or the granting of credit, have a legitimate interest in accessing the database. The preceding also applies to debt-collection agencies. Consequently, any of the information as mentioned earlier may be passed onto such parties and may, in the process, affect your credit rating. We would like to draw your attention to the fact that if judgment and an order for repayment in full are obtained and remain unpaid, the following enforcement options are available and may be considered by our client. 1. Warrant of executions by bailiffs against goods owned. 2. Application for attachment of earnings orders with your present or future employer. 3. Request for a charging order on any property you may own or are purchasing under a mortgage. (Where the balance outstanding is of a sufficient level.) In short, you will end by paying $ 8, 483.67 either by selling any of your assets or properties, along with you the other references that you used while making the transaction will also have to face the consequences. We would emphasize that should judgment be entered against you this may affect any future credit application you may make elsewhere. We would also draw attention that all legal costs incurred in this situation are usually payable by the debtor. The balance includes an administration cost of $ 1,310.78 which has been added to offset (some of) the expenses incurred by our client. As we put your SSN into the National Checking Database System, we found that you have never been charged for any fraud activity hence I have personally evaluated your file, and with my experience, there is nothing here to suggest that this was done with any ill intent or malice. Therefore, the nature of this notice is to determine whether there is a willingness on your part to resolve the matter voluntarily or if this is a flat refusal and a breach of verbal or written contract. Thanks, From: Dave Brunswick Sent: Friday, November 3, 2017 5:50:09 PM To: Subject: Letter Before Action Date: Nov. 3rd, 2017 Dear: SSN: Bank Account : Routing : Claimant: Quick Payday Reference: EG101335 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, Dave Brunswick Legislation Department Esper Law Firm *** If you have any doubts about the credibility of this email please refer to the Terms and conditions under the breach of the contract via the online application filled up by you.

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