Info from lawyer - might be helpful to anyone on here...
Date: Thu, 02/10/2011 - 16:59
So, even though I trust everyone on these boards who have helped me, I just wanted confirmation, reassurance from a lawyer....so I emailed one. I thought his response may be helpful to anyone else on here, so I decided to post it:
To force you to pay, these lenders would be required to file a civil suit and obtain a judgment in South Carolina. You are correct that the lender would only be successful in collecting the principal, if anything, as they were unlicensed. Remember that this is not a criminal matter so any threats of criminal complaints are baseless. Also, remember the only way a collector can make you pay is by obtaining a court judgment. The entire civil complaint could be dismissed due to the lack of license.
The lenders may be sanctioned by the state regulatory agency licensing these business. It appears that you have already filed a complaint with the SC Department of Consumer Affairs. Contact that agency executive commissioner and demand an update on your complaint. Applying pressure may result in action by the state agency.
You should also obtain evidence that the entities were not licensed at the time. The SC Department of Consumer Affairs can provide such a statement. Contest the information placed on your credit report along Check credit company. You will need to do so in writing via certified mail. The basis will be that the entities were legally not entitled to collect the debt in SC. Include a copy of the statement showing each was not licensed to collect. The information should be removed from the check credit report and the credit reporting agencies you contest with.
I went on to ask a second question regarding the best way to seek refunds against these illegal lenders, and here is that response as well:
You could attempt to file a small claims action. The only way to obtain a refund would be via a civil suit. A small claims court action is more feasible given the amount you are seeking. You can proceed in a small claims action by yourself without an attorney due to the simplified procedures of that venue.
Hope this helps someone out there.....that is now my mission! Help anyone and everyone get out from under these thieving scoundrels!
To force you to pay, these lenders would be required to file a civil suit and obtain a judgment in South Carolina. You are correct that the lender would only be successful in collecting the principal, if anything, as they were unlicensed. Remember that this is not a criminal matter so any threats of criminal complaints are baseless. Also, remember the only way a collector can make you pay is by obtaining a court judgment. The entire civil complaint could be dismissed due to the lack of license.
The lenders may be sanctioned by the state regulatory agency licensing these business. It appears that you have already filed a complaint with the SC Department of Consumer Affairs. Contact that agency executive commissioner and demand an update on your complaint. Applying pressure may result in action by the state agency.
You should also obtain evidence that the entities were not licensed at the time. The SC Department of Consumer Affairs can provide such a statement. Contest the information placed on your credit report along Check credit company. You will need to do so in writing via certified mail. The basis will be that the entities were legally not entitled to collect the debt in SC. Include a copy of the statement showing each was not licensed to collect. The information should be removed from the check credit report and the credit reporting agencies you contest with.
I went on to ask a second question regarding the best way to seek refunds against these illegal lenders, and here is that response as well:
You could attempt to file a small claims action. The only way to obtain a refund would be via a civil suit. A small claims court action is more feasible given the amount you are seeking. You can proceed in a small claims action by yourself without an attorney due to the simplified procedures of that venue.
Hope this helps someone out there.....that is now my mission! Help anyone and everyone get out from under these thieving scoundrels!
Thanks for sharing the information. I hope this information will
Thanks for sharing the information. I hope this information will be beneficial for several consumers.
Hi angsmith911 We would appreciate if your participate more in
Hi angsmith911
We would appreciate if your participate more in the forums and help others by sharing your knowledge and experience.
Jason
