Andrew Michael Milz’s Answers

Andrew Michael Milz

Narberth Class Action Attorney.

Contributor Level 9
  1. Defaulted on Internet payday loans... What will happen?

    Answered over 1 year ago.

    1. Andrew Michael Milz
    2. Joseph John Nash
    3. Daniel Edward Mueller
    4. Robert John Murillo
    4 lawyer answers

    Sorry to hear you've been caught in the debt trap that is "payday loan hell". But, I urge you to ignore the advice given by the out of state lawyer below; it is highly unlikely you will be sued and bankruptcy is an extreme option based on what you posted. While you technically can be sued, you will probably not be sued on any of these loans in Pennsylvania. If you do get sued, you will likely have a counterclaim under Pennsylvania's usury and consumer protection laws for exorbitant...

    7 lawyers agreed with this answer

    2 people marked this answer as helpful

  2. Can a finance company charge me additional interest or penalties if I pay off early ?

    Answered over 1 year ago.

    1. Andrew Michael Milz
    2. Stewart C Crawford Jr.
    3. M. Todd Miller
    3 lawyer answers

    That is an extremely high interest rate loan. Based on this being through One Main Financial, I suspect this is a personal (as opposed to auto) loan. Look at the Truth in Lending disclosures the bank gave you when you took the loan out; those disclosures should show you just how much of your payment would go toward interest over the life of the loan (the box for "finance charge" probably shows a whopping $6500 or more). With a simple interest loan, the percentage of each monthly payment that...

    Selected as best answer

  3. What is the statute of limitation in pa for credit card debt?

    Answered about 2 years ago.

    1. Andrew Michael Milz
    2. Daniel Edward Mueller
    3. Charles Anthony Rick
    4. Rebeka Ann Seelinger
    5. Robert A. Stumpf
    5 lawyer answers

    The other attorneys are generally correct; there is a 4 year statute of limitations on most credit card (breach of contract) cases. However, if your card agreement contains what's called a choice of law clause, which incorporates the governing law of another state, the statute of limitations may be shorter than four years (for example, the SOL in Delaware is 3 years). Be sure to look at your card agreement. If you have been sued over a credit card, you should defend yourself in court or hire...

    Selected as best answer

  4. Am I legally bound to do this? (Can I say NO). or are they legally bound to honor the original contract?

    Answered over 1 year ago.

    1. Andrew Michael Milz
    2. Alfred M. Abel
    3. David M. Axinn
    4. Nellie T. Schulz
    5. Frank Anthony Natoli
    6. ···
    6 lawyer answers

    This sounds like what's called a yo-yo sale or spot delivery - a shady and unfair tactic used by auto dealers to squeeze more money out of you after the sale is final. You should consult a local consumer protection attorney to review your situation . You can find one here: www.naca.net. He/she will want to see if you signed anything in writing stating the sale was "contingent on financing..." or similar language (look in your contract). Also, ask the dealer for a copy of the document that...

    Selected as best answer

  5. Do you have to pay a debt after 7 years and can they still call everyday?

    Answered over 1 year ago.

    1. Andrew Michael Milz
    2. Stewart C Crawford Jr.
    3. Daniel Edward Mueller
    4. Stephen Thomas Coccorese
    5. Gregory Thomas Artim
    5 lawyer answers

    Pennsylvania has a four year statute of limitations on most contractual debts, including credit card debts. While the creditor can't sue you after 4 years, it can still attempt to collect - usually by phone calls and letters. The debt should come off your credit reports after about 7 and 1/2 years. Many creditors use debt collectors like Asset Acceptance. Some even sell the old debts to these collectors. The debt collector may not harass you, threaten you, deceive you, or treat you...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered 11 months ago.

    1. Andrew Michael Milz
    2. Thomas J. Wagner
    3. Daniel M. Myshin
    4. Ryan Michael Davidson
    4 lawyer answers

    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,...

    Selected as best answer

  7. I IAM GETTING HARRASED BY A COLLECTING AGANCY HOW DO STOP IT

    Answered about 2 years ago.

    1. Andrew Michael Milz
    2. Alfred M. Abel
    3. Gregory Thomas Artim
    3 lawyer answers

    It is illegal for a debt collector to abuse or threaten you. If you want the calls to stop, I suggest obtaining the collector's address and sending a cease and desist letter, telling them to stop calling. Also, keep a detailed log of the calls you receive: time, date, phone number, content of call. If the harassing calls continue, you may have a lawsuit against the collector. A local consumer protection attorney will be able to help. It also sounds like the collector is attempting to...

    4 lawyers agreed with this answer

  8. How can I get this judgment removed from my credit report?

    Answered almost 2 years ago.

    1. Andrew Michael Milz
    2. Eric Jerome Gold
    2 lawyer answers

    How long ago was this? You would need to move to vacate the default judgment. However, the more time that passes after default is entered, the harder it is to do this. There is a form for this you can get on line, and you'll have to pay a fee. If you're successful in vacating the default, and can have the matter dismissed (since you've paid), you can then dispute the negative entry to the credit bureaus and ask that it be removed. There are a lot of skilled consumer protection attorneys in...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. How do I get information to help a mentally challenged person get their credit cleared?

    Answered almost 2 years ago.

    1. Andrew Michael Milz
    2. Stephen M Trezza
    2 lawyer answers

    There are several steps he can take; and I urge you to check out this government website: http://www.ftc.gov/bcp/edu/microsites/idtheft/consumers/defend.html. Close the accounts, set up a fraud alert, and dispute the fraudulently-opened accounts to the credit bureaus. Good luck.

    Selected as best answer

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

    Answered 11 months ago.

    1. Andrew Michael Milz
    2. Todd Michael Mosser
    3. Eric Lechtzin
    3 lawyer answers

    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...

    3 lawyers agreed with this answer