Legal Question in Credit and Debt Law in Pennsylvania

Hi, there is a company called Process Server Corp. that called and left a message saying that I am being sued for a pay day loan that I supposedly signed up for in 2009. I began signing up for the loan but decided against it and NEVER finished it. I NEVER received the money for it and can show my bank records to prove it. When I told them this they told me it was on a debit card and it was not sent to my account. They told me a subpoena is being sent to me. I don't understand what is going on, is this a scam?

Asked on 6/27/13, 1:00 pm

2 Answers from Attorneys

Glenn Brown Real World Law, P.C.
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perhaps why are you talking with them.

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6/27/13, 1:20 pm
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Hard to say if this is a scam. There are scams aplenty but since you signed up for a loan (although you did not finish the loan application) it could be for that.

Did you ever give this payday lender your bank account information? If so, make sure that you either tell your bank, in writing, not to allow this company to take money out of your account or close your account completely and get a new bank account.

Here is a link to an article that I wrote on payday lending: http://www.rachelhunterlaw.com/articles/article_9_Pay_DAY_Lending.html

Not to toot my own horn but it briefly explains payday lending in PA.

Basically, payday loans are illegal in PA in the sense that either the payday lender has to be registered with the state to collect their exhorbitant fees. If they are not, then they are limited to only 6% interest.

However, you never even received the funds here so you owe NOTHING. And lawsuits are commenced by filing complaints not subpoenas. This payday lender thinks they can intimidate you by throwing around legal jargon like "subpoena."

I agree with Attorney Brown - no good things ever come from a debtor talking to a debt collector or creditor. All transactions should be done in writing. If the lender does not have a valid US address - this is a red flag that the payday lender is probably overseas. What this means for you is that the likelihood of a lawsuit is slim to none. I would quit talking to the lender.

PS - did you ever get a debit card from this lender? Did you use the card? Assuming so, you would only owe the amount used and 6% interest as it is very unlikely that the payday lender was registered to comply with PA law.

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6/27/13, 4:49 pm

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