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Daniel A. Edelman
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Daniel Edelman’s Answers

603 total


  • What legal rights to do I have against Car loan that repossessed my vehicle claiming I didn't pay?

    Car Loan company claims that I have not paid any payment on my car since I refinanced. They came and repossessed my vehicle two days after the due date claiming that they haven't received any payment from me at all (I refinanced in August and in D...

    Daniel’s Answer

    If you have proof that they cashed checks or otherwise received funds, you have a wrongful repossession case. See a consumer lawyer promptly.

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  • What can I do about a debt collector calling and threatening an arrest warrant due to an unpaid payday loan June 2014?

    A debt collector called and said they were going to issue an arrest warrant if I did not get a money gram and call them back and they would tell me what to do. It had to do with a payday loan June 2014.

    Daniel’s Answer

    Threats 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. 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'd this legal? Can they file criminal charges? Can I go to jail over a payday loan?

    Check n go or check into cash called me and stated I was going to have a warrant out for my arrest and a mandatory sentence of 120 for intentionally not paying back my payday loan. And that I need to go to money gram and pay restitution or they wi...

    Daniel’s Answer

    You are being scammed. Nonpayment of a loan is not a crime. Report the threat to law enforcement (state Attorney General, Federal Trade Commission, Consumer Financial Protection Bureau). Provide no information. Do not pay. The threats are civilly actionable, but the likelihood of collecting is nil.

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  • Is it illegal to not to have this written within our promissory notes. If so dose this breach the agreement between the lender

    I have Private Loans with Navient, and they are trying to make me pay back my loans while I am in school. In the letter that they sent me they state that In -School deferment is not specified in the promissory note but, yet they claim I have maxed...

    Daniel’s Answer

    You need to show your loan agreement and any related documents, including applications, approval letters, advertising, and anything else indicating the terms and conditions to a consumer attorney immediately.

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  • Should the bank have better investigated the check before providing the money?

    Two weeks ago I was scammed by a few people posing to employ me for a job. They said its a work from home position but I need to buy materials for it, so they sent me a check of $4700 and I barely had close to $2000 in the bank. I deposited the ch...

    Daniel’s Answer

    I am afraid that you are liable for the overdraft. A person who endorses and deposits a check warrants that it is valid and good. The bank accepting the deposit does not warrant anything about the check. Scams of this nature are common.

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  • OK so I had someone call me and say they was going to come to my job andget me for check fraud but the loan was online

    Online payday loan

    Daniel’s Answer

    Threats 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. 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.

    Check with the Attorney General or state financial institutions regulator whether loans from the particular lender are enforceable. Many Internet loans are from unlicensed lenders and are not enforceable.

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  • What can happen for not paying back an online payday loan?

    I took out an online payday loan 3 yrs ago and was not able to pay it back. I am receiving phone calls now from a collection agency called ncr staing that I had to pay 1000.00 or I was going to be served for check fraud and would have to go to court

    Daniel’s Answer

    Threats 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. 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.

    Check with the Attorney General or state financial institutions regulator whether it is enforceable. Many internet loans are not.

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  • Are the "litigators" contacting me for a PayDay loan that I never received scamming? Should I fight this in court or disregard?

    I was contacted by a rep from a "litigation firm" who stated that I had legal allegations pending against me for a payday loan that I never requested/received during the years that I was a Virginia resident. They state the loan was taken in 2010 a...

    Daniel’s Answer

    Threats 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. 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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  • Company called Jcc called it's a scam. They called said I owe a payday loan from 6 to7 years. Ask for paperwork they said no.

    Fraudulent collection company keeps calling about a payday loan from 6-7 years ago don't remember asked for paperwork and they said they will not give me any asked for company name I never heard of them before.

    Daniel’s Answer

    You are being scammed. No legitimate debt collector will refuse to provide paperwork.

    Also, the statute of limitations in Texas is four years.

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  • They refuse me acct detail, have charged well more then the loan amount, repo the car altho i paid off, can i sue them & a cost?

    I took out a loan to purchase an automobile. The loan term was 60 months, to be paid in full. I made payments faithfully and then 1/2 way thru the loan, right before the new buyers, FNB, purchased the bank, UCB, where I received the loan. I...

    Daniel’s Answer

    If you had insurance for the entire time of the loan until payoff, get proof and send it to the bank with a cover letter by means providing proof of receipt. If the title is not released within a few days, see a consumer attorney. The bank has the right to purchase insurance, but only if you did not and notice is given. There are also questions of estoppel and misrepresentation based on the payoff quote and your payment.

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