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Daniel A. Edelman
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Daniel Edelman’s Answers

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  • My sister got a payday loan using my personal information 5yrs ago...they are coming after me now...whar can I do

    I don't know what to do...if I'm able to stop this

    Daniel’s Answer

    You have no obligation. Instruct them in writing to cease contact. A debt collector that disregards this instruction violates the Fair Debt Collection Practices Act. Consult a consumer attorney to see if they are wroth suing. Also, complain to your state Attorney General.

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  • I keep getting calls from someone saying the are trying to collect on a payday loan from 2008 and if i dont respond a sommons

    will be issed and when i talked to them and asked them to mail me the info they said that they are not required to as they are just a mitigation company

    Daniel’s Answer

    Statements of the nature you describe are indicative of scammers who have no legal right to collect any loan you may have. Report them to law enforcement (state Attorney General, Consumer Financial Protection Bureau). Do not pay. Do not provide information. The refusal to provide a written notice of debt violates the Fair Debt Collection Practices Act, although a civil suit against this sort of scammer is usually worthless.

    You do not indicate how you obtained the loan or from whom. If it is an Internet loan, check with the Attorney General or state financial institutions regulator whether it is enforceable. It may not be.

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  • Mortgage company is preventing us from refinancing with another mortgage company. Currently we have an interest only loan at 7%.

    Current mortgage company has never sent us a coupon book, mortgage statements and has lost one of our payment checks. After speaking to a rep from the company I was told he has no idea where our mortgage payments are going but it appears we are be...

    Daniel’s Answer

    • Selected as best answer

    It sounds like they are either quoting an inflated payoff, engaging in negative credit reporting, or both. Consult a consumer lawyer immediately. Meanwhile, (1) obtain your credit reports and if Nationstar is reporting you late, send a letter to the credit bureaus with a copy to Nationstar documenting that your payments have been made on time, and (2) send a letter marked "qualified written request" to Nationstar with the same evidence and asking that they show account as current. Also request a payment history from the inception of the loan. There are statutory attorneys fees available so you should not have to pay out of pocket to find an attorney.

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  • PAYDAY LOANS

    I receive a call from a Bruno Associates about charges of fraud from a opine payday loans. Never heard of this company. Question on how do I proceed and lawyer to get. Can I counter sue.

    Daniel’s Answer

    Threats to charge with fraud are indicative of scammers who have no legal right to collect any loan you may have. Report them to law enforcement (state Attorney General, Consumer Financial Protection Bureau). Do not pay. Do not provide information. You cannot be sent to jail even for not paying a legitimate debt that they have a right to collect. The threats violate the Fair Debt Collection Practices Act, although a civil suit against this sort of scammer is usually worthless.

    You do not indicate how you obtained the loan or from whom. If it is an Internet loan, check with the Attorney General or state financial institutions regulator whether it is enforceable. It may not be.

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  • I went to court for a OUTSTANDING MEDICAL BILL which was dismiss by the judge. The attorney had my check garnish anyway.

    what can i do this case happen in June of 2010 and it was for a on the job injury -OWCP. Can I file something that Attorney.

    Daniel’s Answer

    There are several potential claims, but each has a statute of limitations, and all are less than five years. If anything occurred within the last 1-5 years, contact a consumer attorney immediately and bring all papers relating to the case and the garnishment.

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  • Buy here pay here auto. Can I take them to court?

    I am currently still making payments on my 6000.00 car (it's used) its been over a year and they will not give me my registration sticker or registration card. As of today I got pulled over by the police because of my sticker and they took my car ...

    Daniel’s Answer

    Yes. A merchant who sells a car or other goods warrants that it has and conveys good title to it. This warranty requires the merchant to provide all necessary documentation to the purchaser. Failure to provide legal registration documents is a breach. You can try filing a case yourself, but a lawyer is highly recommended.

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  • Can Well Fargo Bank legally do this?

    We husband and WIfe had a Business Credit Card and Business checking account through Wells Fargo. Upon failure to make subsequent credit card payment's , subsequent Business checking Funds were seized by Wells Fargo as payment toward subsequent ...

    Daniel’s Answer

    With exceptions not applicable here, a bank has a "right of setoff" that entitles it to offset funds a person has on deposit against a debt it is owed by that person. If the ownership of the asset account and the obligation on the debt is identical, the right clearly exists. It gets more muddled and state specific if the two are not absolutely identical.

    There is an exception for consumer purpose (non business) credit card accounts.

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  • Defaulted on online payday loans

    I have two online payday loans that I have been trying to settle with but unable to do so. I paid a couple of small payments but that is all I have done at this point. I want to get rid of them completely. My question is can they legally come afte...

    Daniel’s Answer

    Threats to pursue criminal charges are indicative of scammers who have no legal right to collect any loan you may have. Report them to law enforcement (state Attorney General, Consumer Financial Protection Bureau). Do not pay. Do not provide information. You cannot be sent to jail even for not paying a legitimate debt that they have a right to collect. The threats violate the Fair Debt Collection Practices Act, although a civil suit against this sort of scammer is usually worthless.

    If it is an Internet loan, check with the Attorney General or state financial institutions regulator whether it is enforceable. It may not be.

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  • State Farm has remove funds from my check account unauthorized, and has refused to refund the amount

    On 08-10-2015 received a letter from State Farm that my monthly premiums would increase (the increase was beyond what I could afford) On Monday 08-10-2015 I called State Farm to cancel my policies. Was informed that i needed o submit the cancellat...

    Daniel’s Answer

    Notify your bank that the debit was unauthorized and demand that it be reversed. Confirm in writing. If the debit is not reversed, contact a consumer lawyer. There are statutory fees for this sort of violation, so it should not cost you anything.

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  • I have a motorcycle that should have been repossessed but once it wasn't found the credit union's insurance company paid them

    For the motorcycle. Now that I'm working and can pay for it what can I do now?

    Daniel’s Answer

    The insurance company acquires the rights of the credit union. The statute of limitations on the debt is either four years, five years, or ten years, depending on how the deal was documented; the lien may continue after that. If you want to pay the debt, or work something out, contact the insurance company. The credit union should give you the necessary information.

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