can I be sued in state where PDL company is located?
Date: Fri, 03/06/2009 - 13:18
I have three illegal internet loans (I'm in NM and have checked the website at the NM Reg and Licensing Div website for these companies without success). One is with BIG, which I know is offshore and completely illegal, so I'm not worried about them.
getecash is based in UT and instantwages has an address in Vancouver, Canada according to a domain registration website but their fax number is in Delaware.
The contracts say that they were executed in Delaware and Utah and those laws apply. I know the loans are illegal because the companies are not licensed in NM, but can I be sued in DE and UT for these loans? And then what would happen?
Possibly. They would have to serve you in NM and you would then
Possibly. They would have to serve you in NM and you would then be able to reposnd with your documentation of non-licensed lending in NM. I would not lose any sleep and call their bluff.
Illegal or unlicensed lenders don't sue as they don't have a leg
Illegal or unlicensed lenders don't sue as they don't have a leg to stand on. They would never win a judgement when they lent illegally.
Not the company you're talking about but just an FYI ---Tremont
Not the company you're talking about but just an FYI ---Tremont Financial sues people in South Dakota and then sends the default judgment to their employers. They're banking that the employer isn't going to pay its own lawyers to find out that they don't have to honor out-of-state judgments unless they've been domesticated.
That was my point. Anyone can sue another person, but you have
That was my point. Anyone can sue another person, but you have the fact that they loaned without a license on your side and therefore it would be a waste of thier money to try. I still say to call their bluff! Just do not ignore service if they should follow thru.
Looks like they could make a case based off the fact that you in
Looks like they could make a case based off the fact that you intentionally get loans outside of NM so you can default on them. They could supoena the records here for the ip address, tie it to your home address, and you've just freely admitted that you have a habit of borrowing outside of Utah and defaulting. I'd pay up, would be my suggestion.
Oh please. The illegal lenders would not bother as their chances
Oh please. The illegal lenders would not bother as their chances of winning are very slim to none.
They would rather harrass and threaten people to try and get the money.
Agreed. They would have thousands of people to sue if that was t
Agreed. They would have thousands of people to sue if that was the case.
To save them the hassle of the state law battles, why not just screen applications for residents outside where they are licensed. They SHOULD NOT lend money to consumers in unlicensed states period. Lets not even touch arbitration laws of other countries scare tactics, that is a whole other post..LOL!
We as consumers may have been uneducated at the time we took the loan by not knowing the laws and limitations. But I highly doubt the company are oblivious to the possibilities of us finding them out. Example, you cannot lend money to folk ILLEGALY then when we find out say, you signed the contract deal with it! Scare tactics are formed into bullying folks into paying and so on. It is all bogus if you ask me, and that is why we are here to help people pay what is fair and get out! :wink:
I am dealing with www speedypayday com and www instantwages com.
I am dealing with www speedypayday com and www instantwages com. I am planning on filing bankruptcy because I have a ton of medical bills and PDLs. How can I get an address for these companies? I have tried to call and ask for the address to mail my payment but they said they will only do ACH withdrawls. I dont know if they are illegal in VA. I have contacted the Dept. of Financial Institutions in my state and they dont regulate online lenders. I also have contacted CFSA and they didnt have any information. I am not sure what to do next. Any advice or help will be appreciated.
Links deactivated per Forum rules - ND
to the original poster - completly disregard the "guest's" comme
to the original poster - completly disregard the "guest's" comment about them suing you for purposely finding illegeal loaners. they will not be able to get too far in court when they should not even be lending money to you.
sometimes the companies send spies (trolls, spies, same thing) and try to scare posters here.
Those loans are ILLEGAL in VA. The VA SCC requires internet lend
Those loans are ILLEGAL in VA. The VA SCC requires internet lenders to be licensed. I am happy VA has tightened the PDL lending laws. Helps us virginians out a great deal! I fought similair ILLEGAL companies in 2008 and the SCC and AG office helped me out :wink:
Here is a archived post dealing specifically with PDLs and IPDL
Here is a archived post dealing specifically with PDLs and IPDL companies for VA residents. Hope this helps.
READ here for more information.
Thanks to everyone that responded. I have replyed to the email
Thanks to everyone that responded. I have replyed to the email from the SCC and gave them my email address to file a complaint. My second question is what should I do about listing them on my bankruptcy? Wouldn't it be illegal if I did't list them? or would it be ok since they are not legal?
^^ i do not know about that, when i filed for bankruptcy, i put
^^ i do not know about that, when i filed for bankruptcy, i put everything in including payday loans, all were illegeal (this was in 2006 and i was stupid enough to get back in the trap afterwards!)
I would list them if you can find their contact information. But
I would list them if you can find their contact information. But keep in mind if the company is Illegal they cannot take any Legal action against you. The best they can do is call and harrass you :?
Most unlicensed Illegal lenders are hard to track down so other members have left them out BK filing.
So would I just list the website and phone number b/c thats all
So would I just list the website and phone number b/c thats all that I can find?
Nope, I believe the lawyer will require a physical address to ma
Nope, I believe the lawyer will require a physical address to mail the BK decree to the company.
This why others have left the Illegal internet lenders out and dealt with them on their own.
From a web domain search..... Instantwages 620 Toronto Stree
From a web domain search.....
Instantwages
620 Toronto Street
Victoria, BC V8V1P7 CANADA
Speedy Payday Loans
Chad Miraglia
P.O. Box 3070
Incline Village, NV 89450
US
[email]agnieszka@cash1loans.com[/email]
[email]chad@cash1loans.com[/email]