Question

  04/22/12, 10:10 am
I was contacted by law firm in Pennsylvania with regards to a payday loan I am delinquent in paying back. Essentially they stated rather than attempting to collect the funds I was going to be charged with theft. When I attempted to negotiate a partial payment at that time and future payments they refused stating the amount I offered to pay was insufficient and they were going to proceed with the filing. Can you advise if there are any options?
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United States   |   California  |  Credit Debt and Collections Law
Cost: Free

Answer

Darrell York Says:

Apr 23,2012 10:43 AM

If the loan agreement was entered in California and I am assuming you are a California resident then this Penn law firm cannot practice law in this state unless they have a licensed CA attorney on their staff. The threat of theft charges is full of hot air. No prosecuting agency in California would file such charges if you entered into a loan agreement if you failed to pay them back on the loan and it is also unethical for them to threaten you with criminal charges, at least in California. First, found out if anyone in their firm is licensed to practice in California and get their name and bar number. Second, if they do have such a CA lawyer then deal only with the CA lawyer and if they threaten yo with criminal charges report them to the state bar. Their only remedy is to sue you in civil court for the amount owed on the loan. They may be able to obtain attorneys fees and court costs as that is usually set forth in the loan agreement. Good luck.


Darrell York
Law Offices of Darrell J. York
27240 Turnberry Lane, Suite 200,Valencia, CA 91355
866-908-2121
http://www.djylaw.com

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