If you received an email claiming Speedy Cash is suing you, treat it as a scam until you can prove otherwise. Speedy Cash is a real payday lender, but fraudsters routinely borrow its name to frighten people into paying debts they may not owe. Even when a lawsuit is genuine, sending money before you verify the claim and understand your rights is almost always the wrong move. Work through the checks below in order.
Signs the Email Is a Scam
Look at the sender’s address first. Legitimate debt collectors and law firms use professional domains tied to their organization. A message from a Gmail, Yahoo, or Outlook address is a strong indicator of fraud on its own. Scam emails impersonating payday lenders have used addresses like “attorney.anne.brennan@gmail.com” while claiming to represent the Consumer Financial Protection Bureau. The CFPB does not send debt collection notices on behalf of lenders, so any email claiming that is fake.
Check what the email demands. Scammers commonly threaten legal action within 24 hours and insist on immediate payment through unusual methods. If anyone asks you to pay a legal debt using gift cards, wire transfers, prepaid debit cards, or cryptocurrency, you are dealing with a scam. Legitimate collectors accept checks, money orders, or electronic payments through verified portals. Documented scam operations targeting payday loan borrowers have specifically asked victims to buy iTunes, Google Play, or Amazon gift cards as supposed proof of ability to repay.
Real lawsuits almost never arrive by email alone. Courts serve defendants through personal delivery, certified mail, or a process server, depending on the jurisdiction. An email with no corresponding physical service should raise immediate suspicion. Report suspected fraud at ReportFraud.ftc.gov and file a complaint with the CFPB.1Consumer Financial Protection Bureau. Submit a Complaint
How to Verify a Real Lawsuit
A genuine legal communication will name the court where the case was filed, give a case number, and identify all parties. Look up that case number in the court’s online records system, or call the clerk’s office directly. If the email lacks these details, or provides ones that don’t check out, it is not legitimate. If it checks out, print the docket and note the response deadline before you do anything else.
Demand Debt Validation Before You Pay
Even if the debt behind the email is real, federal law gives you protections before you pay a cent. Under the Fair Debt Collection Practices Act, any debt collector who contacts you must send a written validation notice within five days of first contact. That notice must include the amount owed, the name of the creditor, and a statement of your right to dispute the debt within 30 days.2Office of the Law Revision Counsel. 15 USC 1692g – Validation of Debts
Send a written dispute within that 30-day window and the collector must stop all collection activity on the disputed amount until they provide verification or a copy of a court judgment. They also have to give you the name and address of the original creditor if you ask in writing. Many questionable claims fall apart at this step, because scammers and shady collectors often cannot produce verification.2Office of the Law Revision Counsel. 15 USC 1692g – Validation of Debts
Mail the dispute letter certified with return receipt requested so you have proof of the date the collector received it. Keep copies of everything. Continued collection activity after your written dispute, and before verification, is itself a federal violation.
Check the Statute of Limitations
Every state sets a deadline for how long a creditor can sue you over an unpaid debt. For payday loans, the statute of limitations typically runs between three and six years from the date of default, though a handful of states allow longer. Once the deadline passes, the debt is “time-barred,” and a court should dismiss any lawsuit filed after that date if you raise the defense.
Two traps. Making a partial payment or acknowledging the debt in writing can restart the clock in many states, giving the collector a fresh window to sue. And collectors can still contact you about time-barred debt; they just cannot legally win a lawsuit over it. The judge won’t apply the statute of limitations automatically. You have to raise it in your response.
Reading the Summons and Complaint
A real lawsuit comes with two documents. The summons tells you that you are being sued and gives you a deadline to respond, which varies by state but typically falls between 20 and 30 days. The complaint sets out what the plaintiff claims and what they want, usually repayment of the loan balance plus interest, fees, and sometimes attorney’s costs.
In payday loan cases, complaints commonly allege breach of the loan agreement. Some also cite state lending laws where the original loan terms are enforceable. Read every allegation and note it, because your response needs to address each one.
Ignoring a summons is the single costliest mistake in debt lawsuits. Miss the deadline and the court can enter a default judgment against you, meaning the plaintiff wins automatically without ever proving their case. The deadline in the summons is not flexible.
How to Respond
The standard response is an “answer” filed with the court. In the answer you go through each allegation and state whether you admit it, deny it, or lack enough information to respond. You also list defenses, such as the statute of limitations, improper service, or FDCPA violations by the collector. File within the deadline stated in the summons, and send a copy to the plaintiff’s attorney.
Filing fees for an answer vary by court but generally run from about $50 to $350. If you cannot afford the fee, most courts offer a fee waiver for people who receive public benefits like SNAP or SSI, or whose household income is below a certain threshold. Ask the clerk for the fee waiver application before your deadline passes.
Another option is a motion to dismiss, which argues the case should be thrown out for a legal defect before it reaches the merits. Common grounds include lack of jurisdiction, filing in the wrong court, improper service, or a time-barred claim. If the court grants the motion, the case may be dismissed or the plaintiff may have to refile correctly.
Look for an Arbitration Clause
Many payday loan agreements include mandatory arbitration clauses requiring disputes to be resolved through private arbitration rather than in court. If your Speedy Cash loan agreement contains one, you may be able to argue the lawsuit should be dismissed in favor of arbitration. It cuts both ways: arbitration sometimes favors the lender, but it also creates a procedural hurdle that smaller collectors may not want to clear. Read your original agreement carefully before choosing a strategy.
Other Defenses in Payday Loan Cases
If the lender charged interest exceeding your state’s usury cap, the loan itself may be unenforceable. If the collector cannot produce the original signed loan agreement or a clear chain of assignment showing they have the right to collect, they may not be able to prove their case. Errors in the loan documents, unauthorized withdrawals from your bank account, and hidden fees not disclosed at origination can all serve as defenses or counterclaims.
What Happens If You Ignore It
A default judgment gives the collector legal tools far more aggressive than collection calls. The two most common are wage garnishment and bank account levies.
Federal law caps wage garnishment for consumer debt at the lesser of 25% of your disposable earnings or the amount by which your weekly pay exceeds 30 times the federal minimum wage.3Office of the Law Revision Counsel. 15 USC 1673 – Restriction on Garnishment Some states are stricter, and a few prohibit wage garnishment for consumer debt entirely. With a bank levy, the collector gets a court order directing your bank to freeze funds up to the judgment amount. Social Security, veterans’ benefits, and retirement funds are generally protected from both garnishment and levy, but you may need to actively claim those exemptions with the court.
p>If a default judgment has already been entered against you, it is not necessarily permanent. You can file a motion to vacate, asking the court to undo it. Courts typically require a valid reason for missing the original deadline, such as never receiving the lawsuit papers, a serious medical emergency, or being misled by the plaintiff. Most courts also want to see a legitimate defense to the underlying lawsuit. Deadlines for this motion vary, and acting quickly improves your chances.
Your Rights Under the FDCPA
The FDCPA applies to third-party debt collectors, including collection agencies and law firms collecting on behalf of the original lender. It does not apply to original creditors collecting their own debts, though some state laws fill that gap. If Speedy Cash sold your debt or hired an outside collector, the FDCPA governs that collector’s behavior.4eCFR. 12 CFR Part 1006 – Debt Collection Practices (Regulation F)
Collectors cannot contact you before 8 a.m. or after 9 p.m. in your time zone without your permission. They cannot use threats, obscene language, or false statements about the debt. They cannot misrepresent themselves as attorneys or government officials, or threaten legal action they do not intend to take.4eCFR. 12 CFR Part 1006 – Debt Collection Practices (Regulation F) A written request to stop contacting you must be honored, with narrow exceptions for notifying you that collection is ending or that a specific legal action is coming.5Office of the Law Revision Counsel. 15 USC 1692c – Communication in Connection With Debt Collection Telling a collector to stop calling does not make the debt go away; they can still sue.
If a collector violates the FDCPA, you can sue for actual damages, plus additional damages of up to $1,000 per lawsuit, plus attorney’s fees and court costs.6Office of the Law Revision Counsel. 15 USC 1692k – Civil Liability You can also file a complaint with the CFPB, which tracks collector misconduct and shares reports with law enforcement.1Consumer Financial Protection Bureau. Submit a Complaint
When to Bring in a Lawyer
For a small case with a clear defense, you may be able to handle the response yourself using your court’s self-help resources. If the amount is significant, if the complaint raises claims you don’t understand, or if you have already missed the response deadline and need to vacate a default judgment, a consumer debt attorney is worth the investment. Many offer free initial consultations, and some take FDCPA cases on contingency because the statute lets them recover fees from the collector.
An attorney can also spot issues you would likely miss: whether the collector is properly licensed in your state, whether the loan’s rate violated usury laws, or whether an arbitration clause creates leverage. If you cannot afford a private attorney, contact your local legal aid organization. Most run programs specifically for debt collection defense.