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Please let me know if I should pay PDLs principal amount ?

Staten Island, NY |

Hello , I leave in New York State . I borrowed a several loans from PDL last fall . Unfortunately I wasn't able to pay it back and I signed up a settlement program with Oak View Law Group - OVLG ( California ) . It didn't work in my favor . My debt grew almost double . So I decided to cancel with OVLG . I was searching on internet the law and I've learned that PDL are not legal in New York State and I should report PL to BBB . Also , I asked for the laywers' name at OVLG to check on his credibility in New York State but they didn't provide me his info . I think that this OVLG do not have any lawyer and they are not legit either .

Thank you for an answer. How can I check if this OVLG is legit in New York?

Attorney Answers 3


  1. Best answer

    Please note, I am licensed only in Pennsylvania. The following is not legal advice but rather my personal and practical thoughts on how to battle payday loan companies. Pay Day Loan companies are notorious for not following the proper procedures, but they rarely file a lawsuit. Instead they rely upon threats of arbitration, predatory lending practices, high interest rates, and harassing collection tactics. For example, they often threaten criminal action contrary to state and Federal collection practice laws. Note, there are no debtor prisons in the United States, you can not be imprisoned for not paying a debt.

    You should begin the process of protecting yourself by sending a certified mailing to the payday loan company asking for validation of that debt which includes a request for a copy of any contract. The letter should also ask for an accounting of all charges and payments to date on the account. Demand that they cease and desist from any collection communications. Finally, if you dispute any portion of their debt (or their interest rates), inform them that you dispute that debt. You can find sample debt validation/dispute letters on the internet. Keep a journal and record any and all communications efforts that come after receipt of that letter as they might be in violation of the law; which could be used to argue that they have waived their right to collect the debt.

    A word of caution, these efforts won’t eliminate any obligation (it might even incur further penalties) but, in theory, it should stop the debt collector from harassing you and will serve as a basis of possibly identifying future violations in collection laws. Note, however, payday loan companies rely upon a belief that they have immunity from collection laws due to their status as Indian nations.

    You can also try the state attorney general’s office for guidance as well as the Federal Trade Commission.

    Stew Crawford, Jr., Esq.

    Crawford Law Firm
    A Full Service Law Firm Serving New Jersey & Pennsylvania

    223 North Monroe Street
    Media, Pennsylvania 19063 (Philadelphia Area)
    1-877-992-6311
    www.crawfordlaw.org

    E-Mail: landlord@subroaw.us

    All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. If you wish to consult with an attorney, or have any questions concerning this comment, please feel free to contact our offices through any of the above contact sources.


  2. Payday loans are not legal in New York so if they sue to collect you should win.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  3. Report the loans to the State Attorney General. while PDL loans are illegal in NY these loans are being made by Indian owned companies from Indian reservation lands. They are arguing that they are exempt from state law as they are a sovereign nation under federal law. The issue has not been decided yet and is still winding its way throgh the court system but NYS is putting pressure on these companies and trying to force a settlement. With the help of the attorney general you may be able to cancel the debt or reduce it to the original principal amount borrowed.

    This e-mail may contain confidential or privileged information. If you are not the intended recipient, please notify the sender immediately by return e-mail and delete this e-mail and all copies and attachments. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. IRS Circular 230 Notice: Unless specifically stated otherwise, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Unless specifically stated otherwise, this communication shall not be deemed to be legal or tax advice, and no attorney-client relationship shall be deemed to have been created.

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