Internet's first get-out-of-debt community - 199,000 members

#1 10-09-2008, 11:44 AM

Quote:

Arizona State Information

Legal Status: Legal

Citation:
Ariz. Rev. Stat. Â§ 6-1251 et seq.

Loan Terms:
Maximum Loan Amount: $500
Loan Term: Min: 5 days
Maximum Finance Rate and Fees: 15% of check
Finance Charge for 14-day $100 loan: $17.65
apr for 14-day $100 loan: 459%

Debt Limits:
Maximum Number of Outstanding Loans at One Time: One
Rollovers Permitted: Three (extensions)
Cooling-off Period:
Repayment Plan:

Collection Limits:
Collection Fees: $25 NSF fee + actual charges assessed by the financial institution
Criminal Action: Prohibited

Where to Complain, Get Information:
Regulator: Arizona Department of Financial Institutions
Address: Financial Enterprises Division, 2910 N. 44th Street, Suite 310 Phoenix AZ 85018
Phone: (800) 544-0708
Fax: (602) 381-1225
Regulatory Contact: Robert Charlton,, Assistant Superintendent of Banks
Regulator Website

Licensee Database

Complaint Instructions

Complaint Form Link

Online Resources:
Formulario De Queja

Does this mean if you default on your loan you cannot face Criminal Action? Can I be arrested for default on payday loan? I have internet loans with ameriloan, Loanshop, paychecktoday.com,Eastside Lenders, Cashnet USA, Cash Advance Network, Crestwood Marketing, SGQ all internet. I am closing my bank account but I have heard it is best to change banks as they can try to debit your new account at the same bank or any other account you have at that bank. Also can they force your bank to reopen your account for ACH debits? I bank with Bank of America

Shazzers · #2 10-09-2008, 11:59 AM

Re: can i be arrested for default on payday loan

Arizona requires Internet based pdl's to be licensed by your state. Just at first glance it looks like most of yours aren't licensed to lend to Arizona residents.

Shazzers · #3 10-09-2008, 12:01 PM

Quote:

Does this mean if you default on your loan you cannot face Criminal Action?

That's correct.

I would venture to say that Cashnetusa is probably licensed.

Shazzers · #4 10-09-2008, 12:03 PM

Quote:

Also can they force your bank to reopen your account for ACH debits? I bank with Bank of America

You need to speak with the Branch Manager to be sure it can't be forced back opened.

#5 10-09-2008, 03:18 PM

They are saying they are going to come to my work and take me downtown if i dont pay by tomorrow. Can they do that for $562.00? They are saying that it is a misdemeanor to write a bad check in Arizona if it is over $500. Can I be arrested for default on payday loan?

Shazzers · #6 10-09-2008, 03:20 PM

Quote:

They are saying they are going to come to my work and take me downtown if i dont pay by tomorrow. Can they do that for $562.00? They are saying that it is a misdemeanor to write a bad check in Arizona if it is over $500. Can I be arrested for default on payday loan?

Which payday lender is telling you this?

#7 10-09-2008, 03:27 PM

It's a lie. Payday loans are not considered bad check writing in the state of arizona.

Quote:

Can I be arrested for default on payday loan?

You cannot be arrested for not paying. You can be sued in civil court.

I have personally spoken with someone in the department of financial institutions who flat out told me that you dont go to jail for not paying on a payday loan.

#8 10-09-2008, 03:48 PM

It is checksmart. I had told them I would pay but I didn't have all the money at once. And my account was closed by my bank because of all the NSF charges from them trying to run the check over and over. They said I had to have a check to make a parcel payment so I ordered checks from an other account I had and by the time I got them cheksmart said I had to deal with the corporate office who then said they couldnâ€™t take parcel payments even thought the branch had agreed to accept them.

#9 10-09-2008, 04:33 PM

I don't see Cashnet USA on this list of licensed lenders for AZ I could be wrong can someone else check? can i be arrested for default on payday loan?

#10 10-09-2008, 04:44 PM

I believe all of the ones I listed are illegal in AZ can someone help me with this? Does anyone know if you have two accounts at the same bank and you close one (the one they are debiting) can they go after the other? I heard they can do this and some state it in their contract. I have read some of the contracts and it is not specific. Can I be arrested for default on payday loan?

#11 10-09-2008, 08:11 PM

After further research I have discovered they are legal in AZ. How do I handle them anyone know?

Shazzers · #12 10-09-2008, 08:26 PM

Quote:

Can I be arrested for default on payday loan?

You need to do this while dealing with legal pdl lenders. You'll need to try and make payment arrangements with your legal lenders, tell them you had to close your account due to illegal activity taking place on it, ask if you can send payments to them via USPS with money orders.

Shazzers · #13 10-09-2008, 08:27 PM

Can I be arrested for default on payday loan? Possible wayout.

I hope the information below will help you.

You are only obligated to pay back the principal amount you borrowed from an unlicensed/illegal Internet Payday Lender.

Quote:

What should you do?
Close your account asap, if you are unable to close your account, go into your bank and ask to speak with the Branch Manager, tell him/her you need a hard debit block placed on your account immediately! Explain that you are revoking ACH authorizations from unlicensed/illegal companies, and have learned these companies are notorious for ignoring revocation, therefore it is important to BLOCK any withdrawal attempts on your account to protect your interest. This is your privilege, do not accept no for an answer. The following link will provide you important information regarding closing accounts. CLICK HERE

What next?
AFTER your account is secure send each pdl (the unlicensed and illegal) an email similar to THIS (please scroll down to locate letter template). Tailor this letter to your needs, and try to write it with the same basic concept in your own words. You will need to research and locate email addresses/physical addresses if you don't already have them, I suggest that you type the name of the pdl (example: "oneclickcash address") in the search box in the upper right hand corner of this forum. You may also search for addresses HERE at the Better Business Bureau.

File complaints: Most of the time, you can file a complaint online with the following, I encourage you to follow through with doing so, you will need to search the Internet for your state Attorney General's website, however, here are links to file complaints for the FTC, Online complaints: Federal Trade Commission., and the BETTER BUSINESS BUREAU.

Keep in mind that you may not receive a response for days, or even weeks, or, you may receive harassing and threatening phone calls. I have found the best way to deal with this is not to respond or reply, simply hang up.

Side note: If you have paid an illegal/unlicensed payday lender above and beyond the principal amount you borrowed, it might be a good idea to demand a refund and a paid in full letter/receipt. You may or may not get one or both. It still doesn't hurt to include that tidbit in your letter.

Shazzers · #14 10-09-2008, 08:28 PM

Quite honestly, I would get an account at a different bank.

#15 10-10-2008, 04:34 AM

I am closing my account today, well in advance of the anticipated debits occurring on 10/17. I am currentlly up to date on all payments but I cannot continue sinking. I have checked again and the only legal one in AZ is Cashnet USA. After I close my account today, since I am still in good standing with Cashnet I am going to call and ask for the EPP that I believe I can ask for once in a 12 month period. All the other lenders will be receiving my letter (thank you for the sample letter) on Monday when I am sure my account is officially closed. Looking at my bank account I have paid SGQ 5 $90 fees exceeding the loan amount of $300. I should be finished with them right? Thanks for answering my query "Can I be arrested for default on payday loan?"

#16 10-31-2008, 06:14 AM

I work at a bank and see all kinds of trickery from the payday loan establishments. As I tell my customers, you MUST read all the fine print that seems insignificant at the time you took the loan. The other fine print I suggest reading is the bank's depository agreement. Each bank will clearly spell out the manner in which they handle ACH debits. My bank (unnamed) states if you have pre-authorized ACH debits outstanding and the account is closed, the account will automatically re-open.

Thread Tools	Search this Thread
Show Printable Version Email this Page	Search this Thread: Advanced Search
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode

Name:
Email:
Phone:
Zip:
Debt:

Sponsored Form

Subject:
Question:
Name:
Email:
(Optional but recommended. Meant to notify you of replies)

Internet's first get-out-of-debt community - 199,000 members

Can I be arrested for default on payday loan?

Members Area

Call for debt help

Get FREE counseling

Call me now

Must know it

Featured Discussions

Watch Out for

Featured Articles

Latest in Forum

Our Community

Latest in Blog

Our Sister Communities