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H.R. 5350: Federal Payday Loan Consumer Protection Amendment

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PostPosted: Mon Jul 17, 2006 7:20 pm Subject: H.R. 5350: Federal Payday Loan Consumer Protection Amendment

http://www.govtrack.us/congress/bill.xpd?bill=h109-5350
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PostPosted: Mon Jul 17, 2006 7:32 pm Subject:

Great find Polly. Also a fairly current piece of Legislation. I did not get a chance to call representative Rush's office today, but I will try to tomorrow.

While this legislation is definitely a step in the right direction, it is more general in scope, and I can see several potential loop holes which are left, many of which were addressed in H.R. 1660. People should definetly contact their representative and ask them to support this legislation, and even ask them to sign on as co-sponsors.

It is only through civic involvement that OUR elected officials know what we want. THEY DO WORK FOR US.

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PostPosted: Mon Jul 17, 2006 7:35 pm Subject:

Clay tomorrow is my first appointment in small claims court with a store front lender. I intend to walk in their and respectfully ask for it to be heard in the higher court, which is my right. If I lost in small claims I cannot appeal. Once I move to the higher court I can appeal and appeal all the way to the Supreme Court, and get my voice heard. I don't understand why it has not been done before...
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PostPosted: Mon Jul 17, 2006 7:41 pm Subject:

Good luck polly, please let us know how it goes. What do you think your chances are of getting it moved to a higher court? or is that automatically granted if requested?

About HR1660, one thing I like is that unless otherwise authorized under state law (hence preserving states rights), it makes issuing payday loans illegal under federal law. This essentially closes any loophole any internet lender would use to skirt otherwise silent state laws.

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PostPosted: Mon Jul 17, 2006 8:01 pm Subject:

Yes, I found out today that I have the right to move it to the civil court. I have my argument prepared already. I'll pm it to you:)
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PostPosted: Mon Jul 17, 2006 8:02 pm Subject:

good luck polly!
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PostPosted: Mon Jul 17, 2006 8:07 pm Subject:

Thanks!
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PostPosted: Tue Jul 18, 2006 7:04 am Subject:

My first victory! I successfully moved my case to the higher court. This way if I lose I can appeal into darn near infinity Smile
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PostPosted: Tue Jul 18, 2006 8:01 am Subject:

Sorry if this sounds mean but I don't get why you would want to move it to civil court? Won't that cost you more money than you would have to pay back. I'm confused and I trust you know what you're doing but just don't understand. Will you explain it to me? Thanks!

Sue

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PostPosted: Tue Jul 18, 2006 9:14 am Subject:

In small claims, if you lose, you cannot appeal the decision. I want to have the ability to appeal if I lose.

I was advised that most PDL companies do not pursue collections in the higher court.

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PostPosted: Tue Jul 18, 2006 9:23 am Subject:

Thanks for the explanation. I was taken to small claims for a storefront that I defaulted on and they got a judgment which I am now paying on.
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PostPosted: Tue Jul 18, 2006 9:27 am Subject:

Good luck Polly, I know you will do great!
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PostPosted: Tue Jul 18, 2006 9:29 am Subject:

Go get them polly. You have all of us behind you.
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PostPosted: Tue Jul 18, 2006 9:37 am Subject:

Thanks quiet train!

Sue, I want to make a point and I want to speak my mind in as many courtrooms as they will take me into. Everything in Michigan law made PDL's illegal prior to June 1st of this year. They should have never been allowed to operate in my state. This will be my way of fighting the system and my way of showing my state government that they were wrong in passing Act 244. The ultimate goal is to hopefully get Act 244 revoked, and making PDL's illegal here. I have always been told it takes one spark to set a fire, and I want to be that spark. If this PDL won't play ball with me, I am quite certain that the next summons I receive, I can take to the next level in the court system.

I admit I cannot afford to pay these places, but this is not what this is about. It's about taking a stand against an autracity that has preyed on my communities most vulnerable people; fixed income/low income seniors, single parents, and the disabled citizens.

My city has more churches per capita than any other city in the nation. I would dare to say the PDL's are not too far behind the churches. We have a church on darn near every corner here, and a PDL on right across the street. I want to see those PDL stores replaced with honest businesses that will offer services our communities need.

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PostPosted: Tue Jul 18, 2006 9:40 am Subject:

Thanks Tammy!
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PostPosted: Tue Jul 18, 2006 9:43 am Subject:

Polly - I understand you wanting to make a point etc. and I did not know that pdl's were illegal up until that point. Please know that I am not questioning what you are doing I just did not understand. I am sure that you have the ability to be that spark - I know that I would not have been able to get done what I have without your help and I truly admire you for that and appreciate all the help you have given me and others. Plus I wish I was as smart as you in understanding all the legal b.s. written into codes, statues, etc. Go get 'em and we'll all celebrate your victory. I hope I have not offended you, I truly consider you one of the many friends I've made on this site. Smile

Sue

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