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Washington State Laws for PDL's????

Date: Thu, 10/05/2006 - 13:22

Submitted by tinkers
on Thu, 10/05/2006 - 13:22

Posts: 41 Credits: [Donate]

Total Replies: 16


Can anyone help me find the laws for payday loans in Washington State? I have multiple internet & multiple store front.

Thanks :?:


This is the information on Washington state laws on payday loans.

Quote:

Legal Status: Legal (Lender must have a small loan endorsement to their check casher license in order to make payday loans)

Citation:
Wash. Rev. Code ???? 31.45.010 et seq.

Loan Terms:
Maximum Loan Amount: $700
Loan Term: Max: 45 days
Maximum Finance Rate and Fees: 15%: first $500; 10%: remaining portion of the loan in excess of $500 up to the $700 maximum
Finance Charge for 14-day $100 loan: $15
apr for 14-day $100 loan: 390%

Debt Limits:
Maximum Number of Outstanding Loans at One Time: A company cannot hold a check or checks in an aggregate face amount of more than $700 plus allowable fees from any one borrower at any one time.
Rollovers Permitted: None (cannot repay loan with proceeds of another)
Cooling-off Period:
Repayment Plan: A company and a borrower may voluntarily enter a payment plan at any time. A borrower, however, has a right to convert a small loan to a statutory payment plan after four successive loans and prior to default on the last loan.

Collection Limits:
Collection Fees: $25 NSF fee (one time per instrument); collection costs (excluding attorney's fees, interest and damages)
Criminal Action: Prohibited


Check the companies license here https://fortress.wa.gov/dfi/licquery/dfi/licquery/

Quote:
Under the Truth in Lending Act, the cost of credit must be disclosed. Among other information, you must receive information outlining the finance charge and the annual percentage rate (APR). The APR informs you of the cost of your loan. For example, a 14-day, $500 payday loan with the maximum fee permitted by statute would have an APR of 391.07%.


http://www.dfi.wa.gov/consumers/paydaywp.htm


lrhall41

Submitted by keystrokes on Thu, 10/05/2006 - 13:47

( Posts: 495 | Credits: )


Found this at http://www.langhornelaw.com/Learn_more_2005_summary_of_state_payday_loan_acts.htm

WASHINGTON

Wash. Rev. Code ???? 31.45.010 et seq.
Applicability: To check cashers who make small loans on the security of a post-dated check. Otherwise, the consumer loan act applies. Wash. Rev. Code ???? 31.04.105 et seq. (25% per year plus a 4% loan origination fee for the first twenty thousand dollars of the principal amount of the loan advanced to or for the direct benefit of the borrower, which may be included in the principal balance of the loan).

Exemptions: Any bank, trust company, savings bank, savings and loan association, or credit union and others who cash checks as a convenience and as a minor part of its customary business and not for profit.

Licensing requirements: Department of Financial Institutions enforces. Must pay a fee set by regulation; post a surety bond running to the state and bond shall be liable for damages suffered by the borrower as a result of a licensee????????s violation. Check cashers must specially apply for a small loan endorsement to make these loans. Must pay annual assessment fee.

Permitted charges: May charge interest and fees that in the aggregate do not exceed 15% of $0-$500 and 10% of $501-$700. The director may adopt rules that exempt certain fees from this cap.

Required disclosures: Must conspicuously post license in business. Must also conspicuously post a schedule of fees and charges for fees and charges. Disclosures must conform with Truth in Lending Act requirements.

Prohibited Acts: A person can not cash or advance any moneys on a postdated check in excess of the amount of services purchased, without first obtaining a small loan endorsement to a check casher. A licensee can not hold a check for later deposit.

Loan terms: A licensee may advance $700 on the security of a postdated check, provided that the time period between the date the loan is granted and the date of the postdated check does not exceed 45 days. Borrower may convert small loan to a payment plan after 4 successive loans and prior to default upon the last one. Plan must be in writing.

Enforcement: Director may serve charges upon a licensee if the licensee is engaging in unsound practice in a civil action. Any violation of the act is an unfair and deceptive act or practice and remedies available under that act apply.

None. Small loan act applies. W. Va. Code ???? 46A-4-107 (31% per year on a loan of $2,000 or less). Check cashers are specifically prohibited from making payday loans. If a person has violated these provisions, the maker has a cause of action to recover from that person the amount of the check, plus a civil penalty of between $100 and $1,000. W. Va. Code ???? 32A-3-1 et seq.


lrhall41

Submitted by on Thu, 10/05/2006 - 15:41

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I got this letter and I was wondering if this company can actually contact my employer to garnish my wages. Please help asap. I am in Washington State and this is an internet loan.


Quote:

Dear Sir or Madam:
Thank You for choosing CashTransferCenters.Com for your short term financial needs.
The loan issued to you that became due in full on is now outstanding. We value your business and wish to retain you as a customer. However, this needs to be resolved immediately.
As a matter of standard practice, the following steps have been/ will be taken,
1. This outstanding amount has been listed on your Teletrack Report and at this time, is negatively affecting your Credit Score. This may result in the loss of any credit privileges extended by creditors who use Teletrack. This may also have a negative effect on any existing credit where the creditor is a Teletrack subscriber. Pay this loan in full in one payment and your Teletrack score will be restored.
2. We have initiated contact with your Payroll Department in an effort to proceed with further action.
It is not our wish for this to occur. We will immediately cease all action against your account upon receiving full payment of the outstanding balance. Please contact our office immediately to arrange for full payment to be made so that we may cease this activity. We wish to continue to provide you with all of the services that were previously available to you as our valued customer.
Sincerely,
Helen Downey
Account Manager


Thanks,


lrhall41

Submitted by tinkers on Wed, 10/11/2006 - 13:51

( Posts: 41 | Credits: )


You need to revoke your voluntary wage assignment with this company ASAP. They WILL try to garnish you check. This company is part of another pdl that is shady and it's called Sonic. YOU NEED TO REVOKE THIS VOLUNTARY WAGE ASSIGNMENT WITH THEM AND NOTIFY YOUR EMPLOYER AS WELL. This is absolutely what you need to do with Cash Transfer. Then you need to get control of your finances. You need to put a block on the internet pdls from debiting your account, you may need to close that account and open a new one, these internet pdls are sneakyy and go by many different names and thus bypassing your block. And don't let them scare you by telling you that you comitted fraud for doing this, YOU DID NOT COMMIT FRAUD! This is the only way to take control back. You will need to work out an arrangement with your storefront pdls, they can and will take you to court because they do have licenses to operate.


lrhall41

Submitted by WHEREAMI? on Wed, 10/11/2006 - 13:58

( Posts: 5263 | Credits: )


This is in the contract you signed with this company, they are the company that goes by the name Sonic. They will send a copy to your employer which has your electronic signature stating that in the event you default on your loan you are giving them permission to garnish your paycheck. Most states require a court order to garnish your paycheck, but this is a voluntary wage assignment I would not risk them sending it to my employer and the employer complying with it.


lrhall41

Submitted by WHEREAMI? on Wed, 10/11/2006 - 14:22

( Posts: 5263 | Credits: )


I would cover my bases, e-mail the revokation to them, mail it to them, fax it to them (save the fax confirmation as proof), and mail it to them (preferrably certified with return receipt), and by regular usps. Also call them and tell them you are doing this. Don't let them scare you and tell you that you can't, because it is your right. Trust me, this is a sneaky, crooked company they will send this to your employer. They have done it to other members on this site.


lrhall41

Submitted by WHEREAMI? on Wed, 10/11/2006 - 14:30

( Posts: 5263 | Credits: )


It will cost the PDL's more money to go to court. As long as you pay them the finance charges on a constant basis they will not take you to court. I am going through this for the second time.


lrhall41

Submitted by on Wed, 10/11/2006 - 22:17

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