California Payday Lender License Defense Attorney

California Department of Payday Lender License Defense Lawyer

The California Department of Financial Protection and Innovation, known as DFPI, licenses several hundred thousand Payday Lenders in the State of California. Most California Payday Lenders have minimal or no contact with the enforcement arm of the California Department of Financial Protection and Innovation. For Payday Lenders who become part of the California Department of Financial Protection and Innovation’s disciplinary process, the consequences are profound. The Payday Lender License disciplinary process is complex, procedural and time consuming. Payday Lenders facing the California Department of Financial Protection and Innovation disciplinary process should seek legal representation from an experienced California Payday Lender License Defense Attorney.

California Department of Financial Protection and Innovation Investigation Defense Lawyer

The majority of California Department of Financial Protection and Innovation investigations begin with the filing of a consumer Complaint. However, California Department of Financial Protection and Innovation Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Department of Financial Protection and Innovation employs non sworn Enforcement Representatives to conduct non criminal investigations. The California Department of Financial Protection and Innovation employs sworn Peace Officer Investigators to conduct criminal investigations against Payday Lenders. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Department of Financial Protection and Innovation disciplinary process. At the conclusion of a California Department of Financial Protection and Innovation investigation, the Department has several options. The Department can choose to close the Complaint. The Department can choose to issue a Citation. The Department can also choose to refer the matter to the Department of Financial Protection and Innovation Legal Division. The Department of Financial Protection and Innovation Legal Division will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Department may refer the case to the District Attorney’s Office for criminal prosecution.

If you are a Payday Lender Licensee facing a California Department of Financial Protection and Innovation investigation, contact a California Department of Payday Lender License Defense Attorney for representation.

California Payday Lender License Accusation Defense Attorney

A formal Accusation served on a California Payday Lender Licensee serves as notice to a Payday Lender that the Department intends to revoke the Payday Lenders’ License. The Payday Lender, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Payday Lender. A Default will result in the immediate Revocation of the Payday Lenders’ License.

An Accusation is a serious matter that can result in the suspension or revocation of a Payday Lender License in California. In many cases, it is possible for Payday Lenders to reach a Stipulated Agreement with the California Department of Financial Protection and Innovation. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).

Payday Lenders facing a California Department of Financial Protection and Innovation Accusation should contact an experienced California Payday Lender License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Payday Lenders include:

California Payday Lender License Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Department of Financial Protection and Innovation can adopt, modify or reject the ALJ’s Proposed Decision. The California Department of Financial Protection and Innovation’s action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a Payday Lender to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Payday Lender can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.

California Payday Lenders facing a California Department of Financial Protection and Innovation Administrative Law Hearing need effective representation from a California Payday Lender License Defense Lawyer.

California Payday Lender License and Criminal Convictions

The California Department of Financial Protection and Innovation can discipline Payday Lenders for criminal convictions. California Department of Financial Protection and Innovation discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Payday Lender. Common criminal offenses that can cause Payday Lender License discipline are:

The California Department of Financial Protection and Innovation and other law enforcement agencies also investigate criminal conduct by Payday Lenders in the course and scope of their trade. Criminal investigations often involve Payday Lenders engaged in Elder Financial Abuse, Extortion, Fraud and Theft. In serious criminal cases against Payday Lenders pending in Criminal Court, the California Department of Financial Protection and Innovation and the Department of Financial Protection and Innovation Legal Division may seek a California Penal Code § 23 Order against the Payday Lender. A California Penal Code § 23 Order seeks to suspend a Payday Lender License in Criminal Court.

Payday Lenders facing criminal charges and Payday Lenders who are convicted of criminal offenses need an experienced California Payday Lender License Defense Attorney for representation in disciplinary proceedings before the California Department of Financial Protection and Innovation.

California Payday Lender License Statement of Issues Attorney

The California Department of Financial Protection and Innovation thoroughly investigates all applicants for Payday Lender Licenses. The California Department of Financial Protection and Innovation may deny a California Payday Lender License for a variety of reasons. Most California Payday Lender License denials occur due to criminal convictions, financial problems or misstatements on the Payday Lender License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a Payday Lender License should contact a California Payday Lender License Denial Lawyer for representation in a California Department of Financial Protection and Innovation Statement of Issues Hearing.

California Payday Lender License Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Payday Lenders who have received a Payday Lender License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Payday Lender License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Department of Financial Protection and Innovation. A successful Payday Lender License Petition for Reinstatement requires representation by an experienced California Payday Lender License Defense Attorney.