Legal Question in Credit and Debt Law in New York
I recently got in over my head with some payday loans. Paying them off however, continues to put me in a deeper hole. I read some place that since they are illegal in NY that I don't need to pay them or that I only need to pay the amount that I borrowed? Which one is true, if any? Can they garnish my wages?
1 Answer from Attorneys
I have insufficient info to answer this-you need a lawyer (or at least guidance from an agency).
There are many free legal services besides Legal Aid. Some people think they are getting a less than stellar attorney when they go the free legal route but that is not the case. They are wonderful attorneys with big hearts BUT have HUGE workloads. And, in many cases, they ask for attorneys from the local bar associations to volunteer.
Example: In Suffolk County, on Long Island, Legal Aid does primarily criminal cases. Elder Law services, due to state cuts (at a time more and more people need help the most), is now handled at Touro Law School, where the staff has access to all kinds of wonderful attorneys-professors from Ivy League schools, wonderful law students interning, and all housed at a brand new law school integrated with the federal and state courts across the street, founded on the idea of using the law to do good. Nassau/Suffolk Law Services helps with all kinds of cases. The Suffolk County Bar Assn partners with Touro and N/S Law Services on special pro bono projects, where volunteer lawyers in private practice step in to help people with legal issues who cannot otherwise afford legal help. There is a Pro Bono Foreclosure Project, a Veteran's PB Project, etc. Nassau County operates similarly.
So, see what your area has, and don't forget there are all kinds of social services agencies everywhere that can refer you (e.g. a HUD agency that does the person's foreclosure modification application free, but having trouble with the lender's behavior, might refer someone to Suffolk's PB Foreclosure Project).
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