Cash Advance Network and Tribal Immunity
Date: Fri, 09/03/2010 - 13:31
I took out a $400 loan with My Payday Advance, and I've paid $360 in fees. I sent the letter saying they were illegal (I'm in California) and I wanted to pay the $40 I owe.
I got an email back form Cash Advance Network saying [SIZE=3]"We are a Canadian Tribal Entity and have sovereign immunity to such regulations." They wanted to settle for $200. I said "I am not a resident of your tribe, etc, and so forth, and not subject to your laws."[/SIZE]
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They said "The loan document clearly details the terms of the agreement. The agreement does not fall under California jurisdiction. It falls under what is written in the document you signed. We will aggressively pursue this legal debt."
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Does the Tribal Immunity stand here? I see lots of folks on these boards have had trouble with Cash Advance Network. Even with tribal immunity, I thought they couldn't enforce their laws in CA, but then . . .
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[FONT=Calibri][SIZE=3]I saw an article saying the CA Division 7 Court of Appeals ruled [COLOR=black]that several payday loan companies in partnership with the two indian tribes sued by the California Department of Corporations have sovereign immunity and are NOT subject to California payday loan lending statutes and regulation.[/COLOR]
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What should my next step be? Is this just one I've lost, and I should pay the $200?
No, don't pay them anything. This is a BS. Take this letter to C
No, don't pay them anything. This is a BS. Take this letter to California Department of Corporations. They will help you with it.
It doesn't matter whether they have tribal immunity or not, that
It doesn't matter whether they have tribal immunity or not, that doesn't affect you one way or the other. What's important for you to know is you are also immune from their law.
they are totally trying to trick/scare you into paying them. all
they are totally trying to trick/scare you into paying them. all they will do once they decide they wont get their money is sell your account to another collection agency. probably ARM of Florida. just stand your ground.
OK, so if they're claiming Canadian tribal immunity, are they ev
OK, so if they're claiming Canadian tribal immunity, are they even physically located in the United States? Whatever - per the previous posts, you ARE immune from their laws and don't let them tell you otherwise. I've been dealing with one of those companies too and they'll go so far to tell me that THEY are in the right and when my State government says otherwise, that my State government is wrong; how's that for nerve, huh?
