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Identification
A payday loan is a short-term loan backed by a written contract. A borrower must agree to the terms and conditions of the loan and provide a bank account where the advance can be deposited. In Alabama, payday loans must be repaid within 10 to 31 days. Payday lenders are allowed to roll over, or extend, a payday loan one time if requested. Fees apply.
Alabama Code
Under Alabama Code 5-18A-1 et seq., the maximum loan amount a debtor can obtain is $500. The maximum finance rate is 17.50 percent. In other words, the finance charge for 14-day $100 loan is $17.50. The annual percentage rate for 14-day $100 loan is 456.25 percent. The longer a debt is delinquent, the greater the penalty charges, which is why payday lenders sue for the repayment of older accounts.
Collection Activities
Payday lenders take aggressive action to collect a delinquent payday loan. Typically, collection activities are undertaken promptly and include demand letters, phone collections and ultimately legal action. If a debtor does not respond to verbal or written requests for payment, the lender can sue the debtor in a state court for the delinquent amount plus penalty fees, interest charges and attorney's fees.
Six Years
In Alabama, the statute of limitations on written contracts --- including payday loan contracts --- is six years. Creditors have up to six years from the last date of activity on a payday loan to bring legal proceedings against a debtor. Alabama's payday loan statutes require lenders to provide repayment plans for accounts that have reached the maximum number of rollovers allowed by state law