Legal Question in Credit and Debt Law in Pennsylvania

First, its always best to talk to an attorney. In Pennsylvania, the satute of limitations on a case of your kind is generally 4 years from the date of the loan or 4 years from the date of your last payment. Under the law, this person has an obligation to send you Validation of the date, but you have to ask for it in writing. If you have an address, you should send a letter to the "litigator" asking for "validation" of the date. Additionally, you may have a claim under the Federal Fair Debt Collections Act, if he threatened you with criminal activity. An attorney can help you with this, because his attorneys' fees are included in any recovery.

At this point, I would send the validation letter and see what you get back. At that point I would see an attorney.

First of all, a "litigator" does not call you. Most attorneys in the collection area send a letter and then sue. They don't waste time calling. Contact an attorney immediately ONLY if you receive papers in the mail called a summons and complaint. My guess is they are bluffing.

Second, was the debt taken out in PA? If so, it is governed by the PA statute of limitations. If the debt was last paid in November of 2007, the statute has expired. Don't pay.

Asking for validation of the debt is a good idea. However, my experience with payday lenders is that they are not in the US. Yes, the number will make it look like they are calling from the US, but they are not. And even if they give you an address, verify it. It might be a postal mail box at a UPS or other mail facility. If that is the case, don't bother writing because they don't follow the law and will not bother reading.

If the payday lender "litigator" is overseas, try contacting the PA attorney general. If they are a legitimate US collection firm, then do the dispute letter. While there are myriad sample validation letters on various websites out there for free, if you are stuck or would prefer legal counsel (the advantage is that under both PA law and the fair debt collection practices act, a debt collector can't call you once they know you have counsel), I will do it for you for a reasonable fee. Please contact me at [email protected] if interested.