They Say Legal Action Pending! What Should I Do?
Date: Thu, 04/05/2012 - 17:13
I actually posted about this on here a few months back & was told that what I need to do is email them this company a letter telling them it's come to my attention that they're not license to loan to consumers in my state & I will pay them the principal amount of the loan only but no additional fees. Also, I closed my checking account & opened a new one per the advice on these boards. I totally meant to email them that letter but got busy & sidetracked with other things and totally forgot about it!! Fast forward to yesterday....
They called & left a voice mail message telling me that I need to call them. They also sent me an email yesterday that said:
Online Advance Legal Action Pending
Your account with Online Advance is severely past due. This account has
been delinquent and without payment for 45 days. Your file will be turned
over to The Law Office of Presley Smith, should I not speak with you to
discuss repayment of your loan. This is a time sensitive matter, and should
be taken very seriously. I need for you to contact me immediately to
rectify this situation.
Is that even a legitimate law office or just one of those collection agencies posing as a law office to try to intimidate people? What should I do? What's the best way to handle this??
I just found this bit of info on the website for the Maine Bureau of Consumer Credit Protection which made me feel a little better::
“These lenders threaten prejudgment wage garnishment, but that simply can’t happen in Maine without a court’s order,†said Eric Wright, staff attorney for the bureau. “They also threaten criminal prosecution, which is outrageous and untrue since no prosecutor is going to side with an out-of-state, internet lender’s attempts to collect on an illegal loan.â€
No, they cant take any legal action against you, civil or crimin
No, they cant take any legal action against you, civil or criminal. They just try to scare unsuspecting debtors into paying up. Don't fall for it and send this PDL a C&D letter and file a complaint against them with the AG and the FTC.
a couple of things
there is a presle smith in GA,but he doesn't have a license to practice outside of georgia,and he has no reach outside of georgia.also he doesn't practice collections,but BK and business law.anybody who contacts you stating they are with his office should be reported.did you file AG complaints against this illegal lender.if not do so asap.after that email threat that should be your next step.
Thank you very much for your input Steve & Paul. I really appre
Thank you very much for your input Steve & Paul. I really appreciate it!
Should I also still email them a letter saying that due to them being an illegal lender, if they provide me with an address to mail payments to I will send them payments for the principle of the loan only? :?:
yes
since this is an illegal lender you only owe the principle.nothing more,and send an email response stating such.also include that you are filing AG,and FTC complaints and will do so if this supposed law firm contacts you.do that.