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05-19-2009, 12:18 PM

From: Mike [mailto:mike@cashadvancenetwork.com]
Sent: Tuesday, May 19, 2009 3:06 PM
To: 'Walter'
Subject: RE: 237559

We do not fall under state regulations as we have tribal immunity. If you want to settle this account you can do so for $300 that you have outstanding. We need notice no later than 3pm est 5/20 please. Thank you

Mike

05-19-2009, 01:44 PM

Can this be correct?

fixingit · 05-19-2009, 01:57 PM

tribal immunity? I'm sure this is BS but someone will be along to give experience / input shortly I'm sure.

05-19-2009, 02:09 PM

I am in Missouri if that helps.

Shazzers · 05-19-2009, 02:43 PM

Yes, I've heard this before, these Indian tribes claim they aren't governed by state laws BUT, in my opinion the road goes both ways, nor are we governed by their laws, therefore to prosecute us would be impossible. Read the link below:
http://www.debtconsolidationcare.com...l-company.html

I would respond to them with: Nor am I governed by your laws, therefore, this loan is null and void. (However, I would pay them the principal amount borrowed). Tell them you will pay the principal amount borrowed via USPS with money orders, ask for an address, if they won't give you a valid address, then tell them no address no payments.

05-20-2009, 07:11 AM

I did as suggested and received a reply that sending a money order for the balance was not an option and he was turning it over to a third party collection.

Cool_Abyss · 05-20-2009, 09:50 AM

Do not worry, if the debt is Illegal, then inform the bottom feeding CA. Make them validate the debt and await their response :wink:

05-20-2009, 12:24 PM

This is still a subject that is being debated in state and federal courts. Make him take you to court to prove he has tribal immunity. Burden is on him. Until then, play a waiting game.

05-20-2009, 12:33 PM

Aren't a lot of the PDL's that operate through MTE and MNE supposedly located on tribal lands? I don't know if they're actually owned and operated by any of the tribes or if they're just 'renting' the address? (My guess would be the latter)

05-20-2009, 01:30 PM

they do not have a leg to stand on. if they come off of the tribal land to pursue anything they waive all immunity and then the tribal laws mean nothing

05-20-2009, 02:04 PM

Funny, Don, but that's not what appeals courts in California and Colorado said about Indian tribe-made loans earlier this year. And it's definitely not what the U.S. Supreme Court has said (many times) about off-reservation business activities by Indian tribes in general. Tribes are immune period, and only lose that immunity if they (the tribes) explicitly waive the immunity. There is no such thing as an implied waiver when a tribe was involved.

Having said this, immunity is a one way street. It prevents you or your state regulator from suing the tribe. But it doesn't give them any special right to make loans or power to enforce their contracts in your state. All the defenses you have that your state laws apply can still be argued. In that sense the tribal lender is no different than a lender that has a Utah or Delaware license. And the law is on your side on that issue (although its far from clear cut) ever since the Quik Payday case was decided.

Cash Advance Network sends pretty much all of its debt out to 3rd parties like ACA and Accounts Receivable Management. Expect a ton of calls, but they are all bark and no bite. Besides, they may say or do something stupid and you can sue them (the CA, still not the tribe unfortunately) under the FDCPA.

05-21-2009, 09:02 AM

you can call the state that mte claims to be located in and the dept of finance will tell you that they will not come off of their tribal land to pursue anything, they flat out said if they did do that they would loose.

05-21-2009, 09:02 AM

you can call the state that mte claims to be located in and the dept of finance will tell you that they will not come off of their tribal land to pursue anything, they flat out said if they did do that they would loose.

05-21-2009, 09:26 AM

I checked with the bank and they tried to ACH for the full amount due and fees yesterday and are trying to send it through for twice the amount today. Thankfully the account is closed and the bank is aware of all of this. They acknowledged by C&D letter but still tried to debit the account. Wouldn't that be Illegal?