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Andrew Michael Milz

Andrew Milz’s Answers

67 total


  • Purchased a used car with odometer fraud...what can I do?

    I recently purchased a late model used luxury car from a rental car company. I paid close to $30,000 for it. They represented the mileage on the car to be only about 20,000 miles (as the documents showed and the odometer as well), but when I too...

    Andrew’s Answer

    There is a consumer protection law called the Federal Odometer Act which you can use to sue the "transferor" (the dealership) for misrepresenting the true mileage of the vehicle. The Odometer Act would allow you to recover three times your actual damages (ie, the diminution in value of the car) or $1500, whichever is greater. The law also would require the violator to pay YOUR attorney fees and costs. Contact a consumer protection lawyer. You can find one here: www.naca.net. Some specialize in auto fraud claims like yours. Good luck.

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  • Can I sue a car dealership?

    Bought a car from a dealership they paid off our old car. They lied to the bank on how much they gave us for the car so that the loan would be approved. We have no signed paperwork for the new purchase the dealership kept it. Also they have what t...

    Andrew’s Answer

    It sure sounds as if you were treated unfairly, and even fraudulently, by this dealership. Go to them and demand all the paperwork related to your purchase and financing. Then, contact my firm or another local consumer protection attorney asap; you can find one here: www.naca.net. A free consultation might reveal that you can sue the dealer for damages at no cost to you. Good luck.

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  • What do I do when a "law firm" is calling me stating a payday loan company is making a bad check claim against me?

    Schwartz & Seigel llc is the "law firm". I asked them for documentation of the original loan so that I can send them proof that I paid it off. They e-mailed me a validation letter but no documents. I responded again requesting the original documen...

    Andrew’s Answer

    With a name like "Schwartz & Seigel, LLC", I can see how you get the impression that this is a law firm. Have they told you over the phone that they're a "law firm"? Sent you letters that appear to come from a lawyer? If they have, and there is no actual lawyer involvement, this tactic is against the law, and you may be entitled to sue them for damages under federal consumer protection laws. Debt collectors know that introducing an attorney into the picture can really scare the pants off a consumer, and is an effective (but misleading) way to coerce folks to pay.

    Mr. Tam's answer is spot-on in all respects: payday loans are illegal here, and they have to cease collecting if you tell them to do so. Feel free to reach out to me or another consumer protection attorney in the area; you can find one here: www.naca.net. Good luck.

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  • I had a call from a sever say that he will

    Be there in two hours to serve me papers unless I called the debt collector back also they suggest that I leave my other bills go and pay them. It's for a payday loan and I live in pa

    Andrew’s Answer

    This is a scam. You will not be sued. You can hang up on them. Do not give them any money or your bank account numbers. Payday loans are illegal in PA (as they are made by unlicensed lenders who charge more than our statutory maximum allowable interest rate). You don't have to put up with the threats and abuse. Contact the PA attorney general's office.

    (Also, you can try to get the name of the company calling you, or capture their number. If you can find the outfit, you may be able to sue them under state or federal consumer protection laws. Unfortunately, these are usually rogue collectors, calling from the Philippines or an Indian reservation, and are hard to pin down and sue under the Fair Debt or other laws).

    Good luck.

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  • Can i seek financial compensation from a major cell phone co. whose manager knowingly allowed a person to use my identity?

    without my permission renewed the cell phone contract

    Andrew’s Answer

    It's possible, and you should consult a consumer protection attorney in your area for a free consultation. You can find one here: www.naca.net.

    I warn you though that you probably will hit a BIG roadblock. All of the major cell phone companies employ arbitration agreements in their consumer contracts. What this means is that you have given up your right to sue them in court, have a trial before a jury, join a class action, or get any meaningful relief whatsoever. So even if the cell phone company broke the law, they have completely insulated themselves from liability for your potential claim.

    Sound unfair? Well, it is. Unfortunately, the US Supreme Court has repeatedly said these clauses are OK, and it's just "too darn bad" consumers get hurt along the way and have no viable avenue for relief. You can read up on all the sickening details about what mandatory forced arbitration means for consumers, employees and small businesses here: http://www.citizen.org/Page.aspx?pid=2512.

    Good luck.

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  • Can I be arrested for not paying back a payday loan? I received a call from legal mediation services in atlanta, georgia

    She stated that I was being investigated for several felony counts and if I did not pay her today, a warrant for my arrest would be issued for bank fraud.

    Andrew’s Answer

    • Selected as best answer

    No. This is a scam. Payday loans are illegal in Pennsylvania. The collectors for these illegal outfits are cretins; claims of "bank fraud" and "arrest" are their favorite (false) threats. Ignore them. Don't talk to them. Hang up on them.

    They won't sue you because you can raise as a defense that their interest rates are illegal as usury under PA law, and you may even be able to turn around and sue them under consumer protection statutes. (I add that PA's republican legislature, heavily lobbied by the payday loan industry, is trying to make 300% + interest rate payday loans legal. Visit this site for more info on internet payday loans in PA and the industry's fight to make their obscene interest rates legal here: http://www.stoppaydayloanspa.com/. )

    Unfortunately these payday loan collectors are often on a desert island, in a different country, on an indian reservation, or are otherwise very hard to find - this makes it hard to sue them under our Fair Debt Collection laws, which were passed to protect you from this kind of abuse. They hide in these places, and like cowards, make false and empty threats to vulnerable people. Try to capture their phone number and write a letter to the Pennsylvania Attorney General's office complaining about the calls.

    Good luck.

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  • Car repossession without notice of sale letter.

    If I had a car repossessed and I was never given the letter that states how much the car was sold for and what the remaining balance is, what are my next steps? I called the company and requested a copy of the letter and the certified mail receipt...

    Andrew’s Answer

    There are very strict repossession laws in PA that auto finance companies must follow. They have to give you two notices.

    First (after repo but before sale), they must advise you of your right to redeem the car and when (and how) the car will be sold. Second (after post-repo sale), they must give you a notice of any outstanding deficiency balance remaining (if, indeed, they will be seeking a deficiency from you); if there's a surplus (ie, they owe you money after sale), you must be advised of that.

    If the finance company does not abide these laws, you can potentially sue them for statutory damages. Feel free to consult my firm or another PA consumer protection firm (you can find one here: www.naca.net).

    Good luck.

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  • I have. Judgement from a credit card filed in 5/20/2006. Is if possible to bargain with a lawyer and settle the judgement?

    How long does a judgement stay on your credit report? I've tried to call the lawyer with no response an want to settle this old judgement. Is it worth it?

    Andrew’s Answer

    Generally, a judgment should only be on your credit report for 7 years after it was entered. (The same goes for the underlying account which ultimately went to judgment - seven years from your default). While the credit reporting may go away, the judgment will not (assuming the judgement creditor has been vigilant and revived it).

    The creditor may want to negotiate. Settlement would mean that creditor would not have to jump through hoops trying to execute on your personal property or bank account with no guarantee of success.

    Then again, it might not want to negotiate if it thinks it can easily execute on your stuff and get paid.

    I suggest you talk with a neighborhood lawyer. Depending on the judgment size, you might want an attorney skilled at negotiating to do your bargaining for you. Good luck.

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  • Can a payday loan company or their representative legally take me to court in Pennsylvania

    Had a payday loan in 2010 that i made at least one payment on. I now have some guy calling saying" i better call him back today or he has no other option" and is very harsh on the message. Can they file a suit against me at my local courthouse?

    Andrew’s Answer

    They can, but they won't. Their false threats of suit are illegal.

    PA has some of the strongest laws against payday lending in the country. The PA department of banking caps interest rates on small loans. Also, the Pennsylvania Supreme Court has ruled that PA's interest rate cap of 6% for unlicensed lenders applies to loans made over the Internet to Pennsylvania borrowers. (I’ll bet you a nickel your APR is at least 10x that). The payday lenders know this and probably would not sue you here; nevertheless, they continue to make these illegal loans to PA residents.

    If they do sue you, call me or another consumer protection lawyer; you can find one here: www.naca.net. You will likely have a good defense, and maybe a counterclaim (they'll owe you money), under Pennsylvania's usury and consumer protection laws (which ban exorbitant interest rates).

    (I add that PA's republican legislature, heavily lobbied by the payday loan industry, is trying to make predatory 300% + interest rates loans legal. Visit this site for more info on internet payday loans in PA and the industry's fight to make their obscene interest rates legal here: http://www.stoppaydayloanspa.com/. )

    That said, the lender can still try to collect the debt from you through the mail and over the phone. Unfortunately, their collectors are vicious and totally disregard federal and state fair debt collection laws. Hollow threats of suit are their calling card. They get away with this because they are hard to track down and sue as they are located in another country, on an Indian reservation or some deserted island. Contact the PA Attorney General's office and their Bureau of Consumer Protection to lodge complaints about their tactics. Good luck.

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  • If a company collected the value of the car can they still come after me?

    I paid a few thousand plus when they sell it at auction they will get money. If the total amount collected is even to the value of the car would they win in court for the def balance

    Andrew’s Answer

    No. If auction amount satisfies the debt, there is no deficiency balance and no reason for finance company to sue you.

    I note that NJ has strict laws related to motor vehicle repossessions. Very often the repossessor and/or finance company fail to follow these consumer protection laws. This can result in them owing YOU money. You might want to contact a consumer protection lawyer for a free evaluation. Good luck.

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