Help finding a lawyer that deals with Payday lending in California

Can someone please explain to me how a company that is illegal and not licensed can actually file a claim against this person and have a summons issued??? I dont get it! If PDL's in CAlifornia have to be licensed, and this PDL is not how can they pursue this matter?? Who is 1000 cash overnight?? What are their other names?? Mr. California, how long ago did you take this loan?

Ballplayersmom,
1000 Cash overnight is a internet payday lender. This is the information from the website:

Corporate Headquarters:All loans are provided by: L&M Financial Ltd 1st Floor Marcole Plaza
Halifax Street
Kingstown, St. Vincent and the Grenadines

U.S. Mailing Address: All payments should be mailed to:
L&M Financial Ltd 9710 Traville Gateway Dr # 374
Rockville, MD 20850

So the only other name I have is L&M Financial LTD. which is not an US company. I also heard that they are also know as SANDPOINT CAPITAL. The Department of Corporations said that none of these entities are licensed in California. This loan was originally taken out in 2/2009. I paid on it until 5/2009, 75.00 every 2 weeks then my account was so overdrawn that when I deposited my payroll check, it was still overdrawn. They attempted to withdraw the 75.00 at the end of may but was returned by the bank as my overdraft did not cover it.
I had sent them one money order for 50.00 after that then I found out that it was an illegal payday lender and stopped. I also contacted my HR department to revoke the wage assignment.
I didn't heard anything from them after June of last year until May of this year when they called and wanted to know how I would like to settle the remaining 450.00 I explained to "Paul" that they were not licensed in California and my understanding is that they need to be and that there is not a "roll over" permitted but if they allowed the loan to roll over then they could not charge roll over. I explained that I had already paid 450.00 dollars for a 300.00 loan and thought that 150.00 in interest was fair and would like to consider the account closed. Paul stated that they had sued in California before and prevailed and would send me case information.
Then on Wednesday of last week, Paul called again and said he would like to know how I would like to pay the 850.00 outstanding balance on the loan. I told him that he was to send me the court case but I had not received it. He verified my address and said he would send it out.
On Friday, when my daughter came home, there was a summons to appear laying on the door step. She called me and let me know the docket # and I called the court house and spoke with the County clerk that verified the docket # and said it was 1000 cash overnight vs. mr. california for Sept. at 8.am.
So I am trying to find a lawyer that can advise me what to do or if there is a chance to even file a counter suit but I am limited in my knowledge about what type of lawyer to contact. Evidently, a Consumer Debt lawyer doesn't handle these type of cases and I haven't been able to find anything on the internet or know how to work the search to find someone.
I can say that since May of last year, I have learned my lesson and my finances are straightened out. I really thought this was all done away with and had forgotten about it until the call in May. It just bugs me that I can't seem to locate a lawyer that can advise me on the case. I can't afford to take off from work to go visit the courthouse and talk to the clerk to see what my options are. That is why I wanted to speak with an attorney. I really don't know where to go from here...

Sorry, but something does not sound right...

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Are you referring to my tale or that they are taking me to court? I do have all the bank statements showing my payments to them. I also have the email that I sent them, letting them know that I am aware of my state's lending law and their response " so you never planned on paying the payments, did you? You were just stalling for time."

Referring to the taking you to court.

I thought this never happened? If they are illegal than it makes no difference?

Illegal lenders do not use the courts...

thats why I am confused! Illegal lenders taking someone to court???

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so you think this is possible Shazzers????

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Here is what I got from the cities court calendar regarding this:
I changed my name and took off the last digits of the court case.

Case Title: 1000CASHOVERNIGHT.COM VS. Mr. California
Case Number: 2010-00021xxx-SC-SC-EC Case Location: East County
Case Type: Civil Date Filed: 07/27/2010
Category: SC-SC Small Claims

Plaintiff/Petitioner
Last Name or Business Name: 1000CASHOVERNIGHT COM First Name Primary (P)


Defendant/Respondent
Last Name or Business Name: California First Name Mr. Primary (P)

I sure hope the actual summons comes in the mail today so I can read who is actually suing me for breach of contract. According to the court case, it is 1000 cash overnight.

I'm hoping this is a scare tactic they are trying to use to get me to pay them the 850.00 they say I owe but seems strange that they would actually file a small claims case. That doesn't make sense to me.

I also just found this on their website:


Notice: This service does not constitute an offer or solicitation for short term loans in all states or countries. The states or countries we offer service in may change from time to time without notice. We are a St. Vincent based lender. St. Vincent law governing loan agreements apply to our services offered. If you do not want to enter into a loan agreement subject to the laws of St. Vincent then you should apply for a short term loan with a lender in the state where you reside. All aspects and transactions on this site take place outside of the United States and will be deemed to have taken place in St. Vincent regardless of where you may have viewed this site. By entering into an agreement on this site you are accepting the conditions stated above and agree to be bound by the terms and conditions of your agreement

* By submiting your application to us you are authorizing us or our affiliates to send you commercial emails on occasion in the future. You will always be given the option to opt out. If you want to opt-out now send an email to [email]service@1000cashovernight.com[/email]

Approval amount is based on customer's eligibility, income, and payment history. First time applicants will not be eligible to receive $1000.00.

Customers in Alaska, Arizona, Colorado, Georgia, Hawaii, Massachusetts, Maryland, North Carolina, North Dakota, Ohio, Virginia, Washington DC, and West Virginia are not eligible to receive cash advances.

? 2002 - 2010 1000CashOvernight.com

If they are not worried about following State law, then why would they put that some states are not eligible for loans? I also just spoke with the DOC again and he said that they will sell the accounts so that they can be collected on. He asked that I fill out the complaint form on their website and go from there.

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I checked the California licensee data base and 1000CASHOVERNIGHT is not licensed to lend. Therefore, if this were me, and what you are saying is true: that there actually is a court case against you then you NEED to obtain the services of an Attorney, because this is an open and shut case. ANY consumer Attorney who is familiar with the law will know this. Click the link below to see if there is an Attorney near you that will take this case on a contingency basis.
http://www.fairdebtforconsumers.com/

Yes, my city calendar. That is why this is so crazy unless they sold it to some in California so they could collect. I did receive a call last week from someone named Paul from a 951 area code which is in California. The people that were asking for payment was International Payment Services based in Rockville MD. Not sure if that matter or not.

Shazzers, I checked the link that you included and the closest lawyer is about 3 hours away. I will try and call them today.
I did finally get the summons yesterday and it brings more questions for me.
It was filed July 27th, 2010
Plaintiff: 1000 Cash Overnight.com
Address: Murrieta Ca. (that is strange as I cannot find any listing stating searching the yellow pages as such)
Owes: 700.00
Why: Breach of contract
Date 6/5/09
How did you calculate the amount: 550 loan amount, 150=700.00
Did you ask the defendant to pay before suing: yes
Plaintiff: 1000 cashOvernight.com Plaintiff signature: On File

One thing to note about the service, it was left on the front porch and not delivered by mail or to a person over 21. Not sure if that makes any difference. At the least, they would just have to refile, right?

Shazzers, I checked the link that you included and the closest lawyer is about 3 hours away. I will try and call them today.
I did finally get the summons yesterday and it brings more questions for me.
It was filed July 27th, 2010
Plaintiff: 1000 Cash Overnight.com
Address: Murrieta Ca. (that is strange as I cannot find any listing stating searching the yellow pages as such)
Owes: 700.00
Why: Breach of contract
Date 6/5/09
How did you calculate the amount: 550 loan amount, 150=700.00
Did you ask the defendant to pay before suing: yes
Plaintiff: 1000 cashOvernight.com Plaintiff signature: On File

One thing to note about the service, it was left on the front porch and not delivered by mail or to a person over 21. Not sure if that makes any difference. At the least, they would just have to refile, right?

I checked the plaintiffs address and it appears to be a law office that is representing 1000 cash overnight. This comes across as very strange to me as the website that I originally visited was 1000 cash overnight dot com but the lender is L&M Financial from St. Vincient and the processor is International payment services. So I guess that my contract is with 1000 cash overnight or L&M Financial and if they are not legal, why would an attorney take me to court stating they are 1000 Cash Overnight? Very, very weird.

I am forwarding your thread to skydvr, he is very knowledgeable in the area.

I notified him via PM, please keep checking back for replies, something is very fishy about this !

I agree, and thanks Shazzers.

No disrespect, but this still does not sound right. Why would an illegal, off-shore lender hire an atty in Cali to collected on a debt that is not "valid" due to be outside of Cali laws? It may be a CA that has purchased the debt, but the IPDL seems doubtful.

I would like to see the outcome of this. You actually have a summons stating you are being sued for breach of contract from an unlicensed lender? Where are they licensed if not in CA? How can no attorney have no knowledge of this?

That is what has me stumped also. I have the summons in my car and have verified this with the city clerks office that it is for breach of contract with 1000 Cash Overnight.
I checked their website and it states on the website that if you live in Alaska, Arizona, Colorado, Georgia, Hawaii, Massachusetts, Maryland, North Carolina, North Dakota, Ohio, Virginia, Washington D.C., and West Virginia, you are not eligible to receive cash advances.
The summons is 1000 cash overnight com Vs. Mr.California. That is what is so strange about this. Actually looking forward to going to court to see how this lawyer is connected to them so I can share the information.

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Thank you for the information but now I am really lost. If I went to 1000 cash overnight's website and applied ofr a loan from them and the backing bank is L&M Financial LTD., isn't International Payments Services just the processor to do the debits from my account? The loan would be from either L&M Finanacial or 1000 Cash, right? So that would be who is taking me to court, not International Payment Services.

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Just hang in there until skydvr has time to view this, he will help you.

wow....

OK, so the first thing we need to do is get over the inital shock that an unlicensed company has done this. It really is not any different, legally speaking, than companies that sue people with false payments claimed so that they can get around the SOL--illegal is illegal.

It would seem to me that this company's only hope of having the legal standing here is to claim that their disclaimer shows that the loan actually takes place outside the US, but as I seem to recall, that is a notion that has been rejected in courts in many states, because any outside entity, regardless of where they come from, is subject to CA law if they wish to conduct business within CA. I would check with the DOC again to verify this--let them know that this company claims to be doing business from outside the country, and tell them about the disclaimer....and see what they say about whether or not that is sufficient enough to get around CA state laws. I do believe it isnt good enough for them.

Alright, first thing's first. You were served, so you will need to present an answer, right? What does the summons say about time frame to answer? Youre usually allowed 20 or 30 days in which to respond.

I am going to do a couple searches for case law in CA that will help you slam dunk this case. My recommendation would be for you to try to get back the money you paid over and above the original principal amount--this has been done before in cases where the lender is illegal. Often the courts rule that they are only entitled to get the prinicpal amount back. For this, I would like for you to tell me about the specific conditions of the loan you took out. Interest rate, term, rollovers, and so on. By the time we are finished, you will be able to go into court with all the documents of payments you made, you will be able to show the court what current CA law is about payday loans. You will be able to show the court the conditions under which the money was loaned to you, and show the court exactly how this lender violated CA law. You will then be able to show the court if this plainitff has been involved in any other lawsuits where they were not the winner--like I said I am going to do some searching for you on this. When all is said and done, the one and only way that you could really lose this case is if the court finds that they are offshore, so they arent subject to CA law....and honestly, if that were to happen, it would be the very first time I EVER heard of that happening. The laws in our states are usually such that ANYONE wishing to conduct business in that state is subject to the laws of that state.

Please get back to me with the info I asked about and we will go from there. if you like, you can send me an email---my email is the same as my screen name here, at yahoo. Or you can post it in here, or send me a PM in here. Thanks

Jon

skydivr7673,
Did you receive my PM? Just wanted to make sure.

A quick update on this. I received a email from the Department of Corporations that they have received my paperwork and will contact me if they need further information. Hopefully they can find something on these guys.

I just checked the county's court website for Wednesday and it appears 1000 cashover night has 2 cases that day in samll claims. Still not sure why they would presue it if they didn't think they had a chance to win.
Any thoughts on this

I was checking through the old court cases that involved 1000cash overnight and discovered that besides people not showing up for the hearing and getting a default judgement entered, there appears to be another party involved. This is from the court website:
Memoramdum of Costs After Judgement: Acknowledgement of Credit and Declaration of Accrued Interest filed by Oghma Credit Services Inc.

Filed by: Oghma Credit Services Inc. (assignee) and they are located in California.
Not sure what to do with this information but I found it !! Looks like it is a debt buyer but not sure.

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nope that should be enough.wait,any proof that the loan was overpaid as mr cali stated.

*IMPORTANT* Case Won
If you are unlucky enough to be sued by a Payday lender, Be sure and show up to your court date !!!
I went to court today for my breach of contract with 1000 Cash Overnight and they are also doing business as payday2go. Anyways, out of the 9 cases they held, I was the only one to show up, so guess what? Default judgments were issued in the other 8 cases because they did not appear in court. I can't express this strongly enough, show up for you court hearing !

As for my case, the plaintiff spoke with me before court was in session and wanted to offer a settlement of 375.00. I explained that I felt I had already met my obligation and would consider nothing less than 0.00 as a settlement. They said they understood and that we would let the judge decide. After being sworn in and acknowledging that I contested the amount, we went before the judge. She stated what I was being charged with and asked if I understood. I said yes. The plaintiff then went on to tell how I had entered into an agreement and failed to fulfill it by defaulting in payments.
I gave the judge my bank statements showing my payments to them, the California Payday lending law page and the main page from their website. I then explained to the judge that according to Jeff at the DOC, 1000 cash was not licensed in California as they needed to be to lend to California residents and that they had rolled over the loan 6 times which according to the Payday lending laws, they can roll over the loan but cannot charge for it so I had overpaid them. The judge then asked the plaintiff about the rollover charges and the plaintiff wasn't familiar with the charges, so the judge said that I had fulfilled my contract and asked if I wished to counter sue for the over payments. I said yes and she directed me to the case advisor to file my claim.
She dismissed with prejudice, Case over !!! We won !!
I want to thank everyone on this board that assisted me with getting ready. I would be lying if I said I wasn't worried about a judgement mark on my credit record but it nice to know that you had the knowledge to fight when I went to Court.

Congratulations!! I am a legal, licensed owner and appreciate seeing an illegal lender lose in court!!!

Yay for you! As I have always said, keep accurate records, it pays off!

[QUOTE=mr.california;747214]*IMPORTANT* Case Won
If you are unlucky enough to be sued by a Payday lender, Be sure and show up to your court date !!!
I went to court today for my breach of contract with 1000 Cash Overnight and they are also doing business as payday2go. Anyways, out of the 9 cases they held, I was the only one to show up, so guess what? Default judgments were issued in the other 8 cases because they did not appear in court. I can't express this strongly enough, show up for you court hearing !

As for my case, the plaintiff spoke with me before court was in session and wanted to offer a settlement of 375.00. I explained that I felt I had already met my obligation and would consider nothing less than 0.00 as a settlement. They said they understood and that we would let the judge decide. After being sworn in and acknowledging that I contested the amount, we went before the judge. She stated what I was being charged with and asked if I understood. I said yes. The plaintiff then went on to tell how I had entered into an agreement and failed to fulfill it by defaulting in payments.
I gave the judge my bank statements showing my payments to them, the California Payday lending law page and the main page from their website. I then explained to the judge that according to Jeff at the DOC, 1000 cash was not licensed in California as they needed to be to lend to California residents and that they had rolled over the loan 6 times which according to the Payday lending laws, they can roll over the loan but cannot charge for it so I had overpaid them. The judge then asked the plaintiff about the rollover charges and the plaintiff wasn't familiar with the charges, so the judge said that I had fulfilled my contract and asked if I wished to counter sue for the over payments. I said yes and she directed me to the case advisor to file my claim.
She dismissed with prejudice, Case over !!! We won !!
I want to thank everyone on this board that assisted me with getting ready. I would be lying if I said I wasn't worried about a judgement mark on my credit record but it nice to know that you had the knowledge to fight when I went to Court.[/QUOTE]

talk about starting my friday right.that's awesome.level with me cali,did the plaintiff seem uneasy finding that you showed?i'm betting they were.anyway nice going my friend.

Wow awesome! Congratulations!!!!