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Has anyone ever gone to court over PDL's?

Date: Tue, 01/13/2009 - 23:21

Submitted by anonymous
on Tue, 01/13/2009 - 23:21

Posts: 202330 Credits: [Donate]

Total Replies: 9


I am currently sending all my storefront/legal payday loans $25 a paycheck (twice a month) in form of a money order.
They do not like this and do not consider it a "payment arrangment" but they cash the MO's.

Lately two storefronts have said that they are "escalating their collection procedures and will obtain a judgement against me, adding $100's of dollars of legal fees to the total."

Soooo, do I have the opportunity when sued to go before the judge and point out my albeit modest attempts to settle this debt? Has anyone ever done that?
What happened?
I understand they will most likely get their judgement (I owe the amount) but do you think they will be awarded legal fees? Do you think the judge will order them to continue to accept my modest payments or change my repayment terms?

I am not aaking for a fortune teller....just wondering if someone has ever taken it that far and what happened.


First what state are you in and what are the names of the lenders?

I have never been taken to court but I would think if you are paying I doubt they will take you to civil court. Even if they do most judges after seeing that you are attempting to pay back the loan will not order a garnishment of your wages.


lrhall41

Submitted by nohiogal on Wed, 01/14/2009 - 01:51

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I don't know what state you are in or if PDls' are legal there or not. And I certainly wouldn't presume to be a lawyer. However, it would appear to me if the PDL company is cashing the money orders you are sending them, they are, in effect, accepting your payments and the method of payment you are using. Have you contacted the agency in charge of financial regulation for your State about the PDLs? They might be able to better advise you. I would also keep a very detailed record of every contact w/ the PDL company/collection agency, and keep records of the money orders that are cashed (dates, etc). Good luck.


lrhall41

Submitted by on Wed, 01/14/2009 - 06:20

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I am dealing with the storefront locations in Arizona.
They are USA Cash
Cash 1
Paycheck Advance
The Payday Loan Store
I walk in payment to USA cash in the form of a money order.
Paycheck advance agreed to accept $25 a month sent by MO to their corporate office.
But the other two (Payday Loan store and Cash1) will not agree to it but do cash the MO's when sent to their corporate office. Cash 1 is the one currently threatening to get a judgement.


lrhall41

Submitted by on Thu, 01/15/2009 - 01:01

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I would call the corporate offices of Payday Loan Store and Cash 1 and only deal with them on that level. It would make no sense for them to cash your money orders and then take you to court to obtain a judgment since by cashing the mo's it appears they have accepted your terms. I am not saying it could not happen, but by the time it would go before a judge it would be close to being paid off. How much did you borrow from Cash 1 and how much have you repaid at this point? Cash 1 is a legal licensed lender so they could go through with their threat but for some reason I think they are pressuring you so you continue sending payments. Get a point of contact at the corporate level and communicate with them as often as you can. I think that is the key here so they know you are going to continue paying this debt.


lrhall41

Submitted by kfstaff24 on Thu, 01/15/2009 - 02:41

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I would just keep all your records in order and save any mail and email correspondence you have with them.

If you are taken to civil court and the judge sees that not only have you tried to make arrangements but you are also making payments then you have everything going for you on your side.

When emailing or speaking with Cash 1 have you told them that you have been mailing payments to their corporate office and those MOs are being cashed?

As Paracutec said I would also think that if they are cashing the MOs then they are accepting repayment of the loan.


lrhall41

Submitted by nohiogal on Thu, 01/15/2009 - 02:42

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Quote:

Arizona State Information

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


lrhall41

Submitted by cannr on Thu, 01/15/2009 - 16:01

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Your state does allow three rollovers (which sucks); however, it also does state "criminal action" is PROHIBITED. But, that doesn't mean they can't take you to civil court or mediation. If that were to happen, you can show them your attempts to pay them off in payments. If they do decide to take you to civil court or mediation, make sure you show up. Most likely your payment attempts are going to look good for you. What they would do anyway, if the storefronts want to do this to you, is put you on a payment plan (which you're already doing). So, it's kind of pointless for them to drag you in. But some do. Keep all your receipts just to be on the safe side. Like stated in the other posts, if they are cashing your money orders, they are accepting a payment arrangement (technically).


lrhall41

Submitted by cannr on Thu, 01/15/2009 - 16:06

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Cash One is a pain to deal with, as I know from painful personal experience. I have to agree with what's been said here--in that if they are cashing your $ orders, they have accepted your arrangements--and if it came to that, I would definately point that out to a judge.
What happened with me and Cash One was that I was sent to collections, which was done by Checksmart, believe it or not. So I think they are going to do their best to scare the u-know-what out of you, but keep on with those $ orders.


lrhall41

Submitted by kscornell on Thu, 01/15/2009 - 18:20

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