Someone tell me what this means...
Date: Thu, 07/16/2009 - 09:08
Thank you!
Governing Law: Both parties agree that this Note and your account shall be governed by all applicable federal laws and all laws of the jurisdiction in which the Lender is located, regardless of which state you may reside, and by signing below or by your electronic signature, you hereby contractually consent to the exclusive exercise of regulatory and adjudicatory authority by the jurisdiction in which the Lenders is located over all matters related to this Note and your account, forsaking any other jurisdiction which either party may claim by virtue of residency.
Not sure if that is legal or not! Most of the time you follow t
Not sure if that is legal or not! Most of the time you follow the laws in the state in which you live, no matter where the PDL lender is located.
Dont think they can just revoke the laws of you state and make you follow theirs.
I would not sign or agree to anything until I knew for sure.
I would not sign or agree to anything until I knew for sure.
when I get some time this afternoon I will do some checking and see what I come up with pertaining to Governing Law. Or someone else might already know these answers. Shazzers, Goudah, mobile0311, are all good ones to ask.
BTW, what state are you in, Florida?
PDL Company Name and State?
How much borrowed
How much paid back
Its just typical jargon of the illegal payday loans. It basicall
Its just typical jargon of the illegal payday loans. It basically means nothing. The laws of the state where you reside prevail no matter what they say. What company is this and we can help you sort out if they are legal or not?
Thanks a lot guys! I have a bunch of loans! I am in FL. A
Thanks a lot guys!
I have a bunch of loans! I am in FL.
After researching on this forum, I have discovered that ALL of my payday loans are illegal. It was stupid of me at the time, but I was in such a rush to get the money, I didn't take the time I should have to read the fine print.
I am in the process of sending out my C & D letters, and filing complaints with the AGs office and Dept of Financial Regulation...and in preparing my complaints, I am just now reading some of the language they put in those contracts. That's why I asked the question in the original post, because I was printing out the contract to add as an attachment on the complaint.
I'll keep you guys updated on my progress
Your state laws prevail. They will tell you otherwise, but it is
Your state laws prevail. They will tell you otherwise, but it is just a tactic to try to get money. Do not be afraid to tell them that you KNOW that it is your state law that matters.
Good luck. Make sure that before you start filing complaints and
Good luck. Make sure that before you start filing complaints and sending letters that you have your bank account closed or that your money is secure.
Your State laws are the laws to follow; but I've even had PDl's
Your State laws are the laws to follow; but I've even had PDl's tell me that my state govt. didnt' know what they were talking about when they said PDLs were illegal! Anyhow, since many of the PDL's aren't even located in the United States, I seriously doubt they could hold you to the laws of Malta, the UK, or New Delhi, India :)
Pay Day loan
I got a pay day loan almost two years ago and this "check and credit" agency is calling me saying that if I don't pay they will charge me with internet fraud etc. This debt is not listed on my credit report. Should I pay?
PaulMergel, you're correct; I had calls like this; I told them I
PaulMergel, you're correct; I had calls like this; I told them I wanted something on company letterhead stating that I did, in fact, owe a legitimate, legal debt. Needless to say, I'm still waiting for the letter!
tayloreat, The term "Internet fraud" generally refers to any
tayloreat,
The term "Internet fraud" generally refers to any type of fraud scheme that uses one or more online services - such as chat rooms, e-mail, message boards, or Web sites - to present fraudulent solicitations to prospective victims, to conduct fraudulent transactions, or to transmit the proceeds of fraud to financial institutions or to others connected with the scheme.
When check and credit calls again tell them you are not sure you owe this debt and you want a copy of the original loan contract mailed to you in USPS mail to validate. Tell check and credit from this point on all correspondance will be conducted through USPS mail AND they are not allowed to contact you by phone.
Sounds like they are an illegal payday lender! The illegal ones usually start the threats from the beginning.
PDL Harrassment, Applicable State & Federal Laws.
I was surfing the internet for some questions related to companies which may or may not sue people living in another state. I am not sure if this posting which I found from another website will be helpful.
Q: Can someone sue another person if they do not live in the same state?
A: es, they can, but the court must have jurisdiction over the defendant (the person you sue). In general, the court will have jurisdiction if the defendant has some connection to the state you are suing in such that it is reasonable for the defendant to be forced into court in that state. For example, the defendant has a business in the state, or the lawsuit is about a product that the defendant sold in the state, or something the defendant did in his state had a predictable (and harmful) effect in the state where the lawsuit is brought.
You cannot sue a person in a state where that person has absolutely no connection (e.g., doesn't live here, has never been here, has no business connection here, etc.)
Think of it this way: If the defendant injured you somehow in Nevada, you couldn't sue him in California (unless he or she lived in California too). But if a defendant standing in Nevada shot you with a gun and the bullet hit you in California, you could sue the defendant in California because the defendant intentionally caused harm in California, creating the necessary connection to the state.
In federal court you can sue a person in another state.
I hope this information will be helpful to someone.
PDL Harrassment, Applicable State & Federal Laws.
I was surfing the internet for some questions related to companies which may or may not sue people living in another state. I am not sure if this posting which I found from another website will be helpful.
Q: Can someone sue another person if they do not live in the same state?
A: es, they can, but the court must have jurisdiction over the defendant (the person you sue). In general, the court will have jurisdiction if the defendant has some connection to the state you are suing in such that it is reasonable for the defendant to be forced into court in that state. For example, the defendant has a business in the state, or the lawsuit is about a product that the defendant sold in the state, or something the defendant did in his state had a predictable (and harmful) effect in the state where the lawsuit is brought.
You cannot sue a person in a state where that person has absolutely no connection (e.g., doesn't live here, has never been here, has no business connection here, etc.)
Think of it this way: If the defendant injured you somehow in Nevada, you couldn't sue him in California (unless he or she lived in California too). But if a defendant standing in Nevada shot you with a gun and the bullet hit you in California, you could sue the defendant in California because the defendant intentionally caused harm in California, creating the necessary connection to the state.
In federal court you can sue a person in another state.
I hope this information will be helpful to someone.
Message Author Posted: Mon Sep 01, 2008 1:57 am Subject: Frequ
Message Author
Posted: Mon Sep 01, 2008 1:57 am Subject: Frequenly raised insinuations by trolls
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We have had trolls in the forums who raise insinuations to break the unity of the forum.
I am creating this topic to answer all the past insinuations. I request the moderators to refer the trolls to this topic next time they insinuate something that has already been answered. If it has not been answered then we will use a member only forum to discuss the insinuations that is being raised. After the discussion we will add one more question here along with its answer. Also we will move the insinuating topic to "Moderator only forum" to keep the negativity out of the open forums.
Q1) You pay people to post in the forum ?
Yes people collect DebtCC points when they post in the forum and they can redeem them for 1 cent each. The moderators of this community always wanted to create an alternative for payday loan high interest rates. Since there is a definite need in the economy for short term cash advance in case of emergency. The debtcc points is an attempt to develop an alternative to payday loans.
Q2) You make money from this website.
Yes I do. I only accept advertising from companies which have a satisfactory record with BBB. I could have made more money if I accepted advertising from companies which did not have BBB membership or had unsatisfactory record with BBB. I have decided not to since my education teaches me that in the long run accepting advertising from only BBB satisfactory listed companies is a better idea.
Q3) You use multiple identities ?
I use the id Vikas on this forum since I run other forum and the name of this website starts with D it just lets me remember when some one calls me on my cell phone and says "Hi Vikas" I know it must be one of the moderators from "DebtCC". Its a common practice to use a screen name on the internet. Vikas is just my screen name. My personal cell phone number and email address is available to all the moderators in this forum.
Q4) You are a brown skinned Indian and .. (other racial comments) ?
yes I am a proud brown skinned Asian Indian. I am sure we can all rise above race.
Q5) You refer people to law firms without following the laws of lawyer referral services ?
I have taken legal opinion and I am confident that all laws are being followed.
Q6) You have worked for the companies you receive advertising dollars from?
Yes I have.
Q7) You are only active on the forum when its night in the US and hence you live in India ?
I live on the west coast.
Q8 ) This is a fake forum and you pay people in India to post on this forum?
I have to pay for b/w hard disk space and processing when there are more posts. This forum has over 350,000 posts last I checked. There are enough people with real problems posting in this forum. And there are enough moderators with a big enough heart to contribute their time in these forums. Why do I need to hire people in India to post in these forums again ?
Q9) When its a Hindu holiday the forum is less active and hence the posters in this forum are all Hindu from India?
I am a Hindu and I celebrate Hindu holidays so I am not active during Hindu holidays. No posters in this forum are not all Hindus from India.
Q10) You sub contract work to a company in India ?
Yes I do.
Q11) You tried to start your own law firm ?
Yes I did. During research I realized that since I am not a lawyer it was not possible for me to start a law firm or practice law. Hence I enrolled myself in law school. One day I will be a lawyer and then I will either start a law firm or join a law firm as a lawyer.
Q12) One of the companies that advertises in this forum is located in a house in need of repair ?
No they are not.
Q13) This site is filled with some very, very poor legal advice ?
None of the advice in this forum has ever been claimed to be legal advice.
Thank you to all the moderators of this forum who have given countless hours of selfless service to keep the community clean and united