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Arizona Payday Loans ?

Date: Sun, 10/12/2008 - 13:42

Submitted by anonymous
on Sun, 10/12/2008 - 13:42

Posts: 202330 Credits: [Donate]

Total Replies: 19


Is it true that you can get charged with a felony for taking out more than 1 payday loan at a time?

If so how do they prosecute you. If you pay the loan off on time are you alright or can they prosecute you before your due date?


You need to be behind on your payments before a lender usually files charges prosecute you, but yes, you CAN eventually be sued if you refuse to pay a lender, or make some type of agreeable payment arrangements. Is this an Internet or store front lender, what state are you in? What is the name of it, and how much have you borrowed and paid back?


lrhall41

Submitted by Shazzers on Sun, 10/12/2008 - 13:51

( Posts: 17344 | Credits: )


Quote:

Legal Status: Legal

Citation:
Ariz. Rev. Stat. ???? 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


lrhall41

Submitted by kfstaff24 on Sun, 10/12/2008 - 14:01

( Posts: 1448 | Credits: )


I live in Arizona and I just posted AZ law for you. If you are referring to Store Front Loans, the law says you can have only one, however the individual lenders are not linked by computer that is why you can get more than one. Please note above that criminal action is prohibited. When you apply for a loan and are asked if you have any other outstanding loans if you say no there is no way they can check that.

Please keep in mind that store front lenders are legal in the state of AZ so if you do not repay them you will eventually end up in collections and they can pursue legal action against you but you will not go to jail.

If your loans are internet 90% of them are illegal and you only owe them the balance borrowed. Please list your lenders and the amount you owe so someone here can help you.

I am in your same boat and this forum has taught me alot.


lrhall41

Submitted by kfstaff24 on Sun, 10/12/2008 - 14:08

( Posts: 1448 | Credits: )


I have

1 with Check Mate - $300 (due 11/3/08)
1 with Auto Title Loans - $ 500 (signature loan only) (interest due 10/17/08 - $ 87)
1 with Checks Cashed - $ 300 (interest due 10/17/08 -$ 60)
1 with Money Mart - $ 200 (interest due 10/17/08-$ 35)
1 with ?? forgot the name $ 175 (due 11/3/08)

My problem is that I don't think I'm going to be able to pay 2 of the rollover fee's I can only pay the $ 87 until I get paid on 11/3/08. At that time I plan to pay them all off with my student loan. But it's going to take most of my student loan to pay them off & then I will not be able to get my books. I am supposed to graduate this Spring -it is imperative that I finish my next two semesters. I am afraid to go to my loan places to ask for more time or a payment plan. I have never used payday loans before & now I'm in way over my head for some reason. I need to get out from under.

First I need to know if I could be charged with a criminal felony. Then I need to know what I should do.

Thanks so much for trying to help me out


lrhall41

Submitted by on Sun, 10/12/2008 - 19:45

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Criminal Action: Prohibited

They cannot send you to jail, they can harass you and your references and send you to collections. Go to the ones you cannot pay and tell them you need an extended payment plan. They can take legal action against you but that is a civil matter not criminal. Good luck to you, I hope it all works out.


lrhall41

Submitted by kfstaff24 on Sun, 10/12/2008 - 20:07

( Posts: 1448 | Credits: )


Missouri, my son has 3 payday loans which he wrote checks for them to hold. He couldn't pay them off and is now being charged with 3 felony counts of writing bad checks over $500. Can he be charged with 3 counts of felony charges, he did have a bank account when he did this.


lrhall41

Submitted by on Tue, 11/11/2008 - 20:19

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Quote:

Missouri State Information

Legal Status: Legal

Citation:
Mo. Rev. Stat. ???? 408.500 et seq.; 4 Mo. Code Regs. ???? 140-11.010, 140-11.020

Loan Terms:
Maximum Loan Amount: $500
Loan Term: 14-31 days
Maximum Finance Rate and Fees: Not Specified (No borrower shall be required to pay a total amount of accumulated interest and fees in excess of 75% of the initial loan amount on any single authorized loan for the entire loan term and all authorized renewals. Otherwise, interest is set pursuant to small loan law which provides that parties may set rate by contract.)
Finance Charge for 14-day $100 loan: $75
apr for 14-day $100 loan: 1980%

Debt Limits:
Maximum Number of Outstanding Loans at One Time: Not Specified
Rollovers Permitted: Six (borrower must reduce principal amount of loan by 5% or more upon each renewal)
Cooling-off Period:
Repayment Plan:

Collection Limits:
Collection Fees: NSF fee; Collection costs (including court costs and reasonable attorney's fees) Licensee cannot use a series of ACH transactions to collect a single check.
Criminal Action: Prohibited (Unless check returned due to closed account or stop-payment by maker)

Where to Complain, Get Information:
Regulator: Missouri Division of Finance
Address: Consumer Credit Section, P. O. Box 716 301 W. High Street Jefferson City MO 65102
Phone: (573) 751-3242
Fax: (573) 751-9192
Regulatory Contact: Joe Crider,, Supervisor, Consumer Credit
Regulator Website

Licensee Database

Complaint Instructions

Complaint Form Link

Online Resources:
Unsecured Loans of $500 or Less: Introduction and Overview










lrhall41

Submitted by kfstaff24 on Wed, 11/12/2008 - 02:27

( Posts: 1448 | Credits: )


i did more than one payday loan and i had wriiten a check for all of them but i closed account and i cant repay


lrhall41

Submitted by on Thu, 02/19/2009 - 17:02

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Margie, I am guessing since you say you wrote checks that these are all store front lenders. If so please try to make payment arrangements with them. If you are not comfortable going to each store front and explaining your situation to the manager, call and see if you can get the phone number for each corprate office and try dealing with this on that level. Ignoring them will get you no where, you need to be proactive and show them you are willing to pay. You do not need to mention that you have more than one loan. If you end up in civil court at least you made an effort to make arrangments to pay. I am in Arizona as well, if I can help in any way please let me know.


lrhall41

Submitted by kfstaff24 on Thu, 02/19/2009 - 19:18

( Posts: 1448 | Credits: )


Hello everyone in Arizona. Please call the Arizona Department of Financial Institutions and Ask for Mr. Royal, he is in charge of the payday loan area.

Internet Payday lenders MUST be licensed in Arizona to provide loans, and not that I am advocating not paying the Internet lenders that are illegal but if they do not cooperate, let them know what I found out. Legally, the contract is null and void and can not be collected on in any way, not even the principal.

I have one lender that keeps trying to claim other states laws and licenses apply, according to the AZ Dept of Financial Institutions, they don't. His adivse, file a complaint with them.

Know your rights, read the laws and don't let them bully you.

Also, there are a few store fronts that are illegal that have not renewed their licenses. All of my loans were internet, but three were smart enough to have storefronts in Arizona and thus, I am making payment arrangements to them.

Good luck everyone, there is a way out from underneath this all!


lrhall41

Submitted by on Fri, 02/20/2009 - 08:41

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The correct way out is to pay back the principal since you did go to them and borrow the money.

As for the issue of having more than one loan at a time, when you borrowed I assume that you signed an agreement stating that you had no other loans? In this case, you "swore" that the information was true, so the PDL is "off the hook". The fact is that there really is no reprecussions. Get with the lender and make arrangements, preferably thru the Corp Office.


lrhall41

Submitted by PDLOwner on Fri, 02/20/2009 - 09:12

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Just an FYI, most internet payday lenders do not even ask you that question, the few that do, if you answered yes, they would still give you the loan.

It wasn't until I was having car issues and I went into a storefront did I even know that there was an Arizona law governing payday lenders.

So.... you know what happens when you make assumptions. Also, out of the 4 storefronts that I went to visit, that is the first question they ask you.

to the person who has more than one storefront loan, if you answered no, then I agree with PDLOwner, get with them and make payment arrangements.

My advise was only on the illegal internet lenders who charge outrageous fees and shouldn't get another dime!


lrhall41

Submitted by kmball1968 on Fri, 02/20/2009 - 09:22

( Posts: 46 | Credits: )


I took out a payday loan in March of 2008 and was not able to pay them back plus the fees they where overdrawing my bank account so I closed my account and went to another bank. Now I am being called by some law firm that is rude and they are advising me that they are going to take legal action against me and the calls are coming from Texas and I live in Ariozona. The loan amount was 300.00 dollars and they are now advising me that they are going to sue me for 1210.27 that is four times the amount of the loan can they do this?


lrhall41

Submitted by on Tue, 03/03/2009 - 10:05

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I took a loan $500, was laid off and then closed my bank account I am not being told if I do not pay $1050, which $500 is the actual loan, I will be prosocuted for fraud. I am in TN, does any know if this is correct or not?


lrhall41

Submitted by on Wed, 04/22/2009 - 07:08

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