Response from First America Credit

I copied the letter from this forum and emailed it to First America Credit stating that I am a resident of Ohio and they are not licensed in my state. My principal balance plus interest has been paid already...this is how they responded...


In response to your allegations about our loan been unlicensed, remember that per our loan agreement, both parties (you and us) have accepted choice of law outside of your state. First America Credit

does not have a presence in your state and we don't have an office in your state Further, we are not subject to the laws of your state, but rather the jurisdiction of your line of credit, which is the Guidiville Band of Pomo Indians of the Guidiville Rancheria, which is a federally recognized Tribe. The Tribe has organized an office, located in Panama, and we are properly licensed and regulated. We are in full compliance with all US federal laws, Panama laws, and the laws of the Tribe. When you signed your agreement with us, you accepted the terms and conditions of your agreement with us, this was signed and discussed from a very beginning before you got the money this statement will not make your obligation go away, in fact it will only frustrate our business relationship. We have deleted your checking account and will proceed to delete your phone numbers, we will communicate in writing from now on per your request and right.



The issue of American Indian sovereignty is well documented in United States history. Bottom line, it is the federal government (via the US Constitution and treaties) that has authority over American Indian tribes, not the States. American Indian tribes don’t pay state income tax, are not subject to state laws, and cannot be sued by the States. Basically, you are requesting a statement of us being illegal that frankly just isn’t true, and unfortunately, we cannot abide by your request. I strongly recommend that you visit Wikipedia (and the internet) on the topic. I have included a few snippets about American Indian sovereignty relative to United States history below.



Source: Wikipedia

American Indian governments were granted sovereignty by treaty with the federal government of the United States and by the United States Constitution whereby states have little or no authority over an American Indian Government. As stated in Wikipedia (and the internet), “States have tried to extend their power over the tribes in many other instances, but federal government ruling has continuously ruled in favor of tribal sovereignty.” The Plenary Power Doctrine limits ultimate authority over Indian tribes to the United States Congress, not any State government, including Tennessee. Per Wikipedia, “Congress, and not the Executive Branch, has ultimate authority with regard to matters affecting the Indian tribes.” Quoting further from Wikipedia, “Tribal sovereignty is dependent on, and subordinate to, only the federal government, not States, under Washington v. Confederated Tribes of Colville Indian Reservation, (1980).”



First America Credit is neither required, nor willing, to subordinate its sovereignty to California law that might otherwise govern your financial transaction. We will provide you the courtesy until Friday, May 10th to accept our offer to settle your account for a last payment of $165.00 and I will waive the balance fees and interest. At that time, our offer will expire, and we will send your account to the legal department to determine further action, if any. Again, we are very sorry that you are unsatisfied, and we hope you find our resolution satisfactory to your discomfort.



We hope that we can get to an agreement to help you in your hardship, please call our collections department and we will be more than happy to assist you