Western Sky and Usury per the Tribal Code

Thanks for sharing this useful information with us. I hope this will help all the forum members.

Really blows your mind......thanks for sharing

I just found that info myself on the Cheyenne River Sioux Tribe usury laws. The contract for Western Sky states that "All loans will be subject solely to the exclusive laws and jurisdiction of the Cheyenne River Sioux Tribe, Cheyenne River Indian Reservation". So how does one fight this based on this fact?

Pretty simple....if you dont live on the reservation you are not subject to tribal law. They are unlicensed in every state. If you google western sky, you will see they are big time in the news right now...they are going down.....

This Inetianbor vs. Cash Call ruling coming up will make or break anyone that already has a loan out through Western Sky. The funny thing is Inetianbor's lawyers included a letter which I just read from the Tribe stating the Tribal court does not arbitrate these matters. Any arbitration is going to include "buddies" of Mr. Webb and no way anyone would get a fair arbitration hearing. That's what this suit is all about. The first suit filed was denied by the federal courts but Inetianbor's lawyers filed a new one with this new info. If Inetianbor wins all outstanding Western Sky loans will not be enforceable since Mr. Webb lied on all the contracts about the arbitration process.

Just so you know, they Judge already issued an order and rule the arbitration was a sham and reopened case for a jury trial. Also, the Illinois case Jackson et al v Payday Financial et al that was on appeal - WS/CC lost and case moving forward - was found arbitration was a sham.

Well they will be going down in NJ soon. I filed a complaint with the NJ Dept of Banking and Insurance two weeks ago and they responded. They along with the NJ AG's office are filing a complaint in Superior Court due to my complaint. They also stated "Although you are responsible for "PRINCIPAL" only. They are going to seek restitution for all fees and interest paid to anyone in NJ with a Western Sky/Cash Call/Delbert loan. I have to fax a copy of the contract from Western Sky tomorrow since they want that asap. I am also calling Delbert tomorrow and faxing the email response I got about the principal and also sending a "cease and desist" letter as well as revoking the ACH. You are right, even though they closed shop they are done.

Congrats, though you are certainly not the only one that filed in NJ. I filed a complaint in May, heard back a week or so later, then nothing, until last week, when they wanted my documents too. The fact that its an election year, is helping, since the AG's office has had info since 2011. I think its a good thing that they are looking for paperwork, makes it sound like the AG is getting close to filing.

Here is a copy of the email minus my name. Anyone else in NJ that needs to file a complaint: www.state.nj.us/dobi

"Please note that the Department is coordinating with the New Jersey Attorney General’s Office (“AG”) regarding actions to be taken against the above referenced entities. Pursuant to the complaint you filed, our office wishes to add you to the formal legal Complaint to be filed in Superior Court. This will allow the State to try and put a stop to these entities continuing to provide illegal and predatory loans in New Jersey. Although you are responsible for paying the principle loan amount taken, the State will be pursuing restitution of all the fees and interest collected from all the New Jersey consumers. In order to add you as such, the AG’s office requires a copy of the Loan Agreement issued to you by Western Sky Financial".



Therefore, please forward a copy of the Loan Agreement as soon as possible. You can do so via e-mail, fax, or mail as listed below. Please also be sure to contact the undersigned to confirm your receipt of this correspondence and whether or not you can/will be providing a copy of the loan agreement and how/when you plan to send it.



Thank you.





Sincerely,



Troy Dayton

Investigator 1

Enforcement Bureau

P: 609-984-2777, Ext. 50230

F: 609-292-5461



Address – Regular Delivery:

NJ Department of Banking & Insurance

Division of Banking – Enforcement Bureau

P.O. Box 040

Trenton, NJ 08625-0040

Attn: Troy Dayton

How did you handle Cash Call Delbert? did you stop paying on the loan and contacted them with the info the commission sent you?

Just called Delbert and explained that the loan is illegal in NJ and that since my principle is paid the NJ Dept of Banking and Ins said you don't owe a dime more and that I will be getting a refund when the complaint is filed. Delbert said you are still legally responsible for the loan. I said the Dept. told me no court in the state of NJ will hear any case you file and will be thrown out.

I also called her out, "Beverly", the mgr at Delbert and said ' well let me ask you about the legality of the contract. You say I am bound by the Tribe's law yet their usury law is an 18% cap on any loan over $100 for more than one year". Her response "That only applies to the people on the reservation". LMFAO the loan says it's as if you were physically on the reservation.

The Dept. said they have no leg to stand on, they can't force you to them in California, he laughed about being forced to the Tribal court. He said they would have to file in NJ since this is where I live and the courts will throw it out. All good news for NJ residents who have been paying these bastards.

You need to stay off the phone with these people. If you've paid your principal then revoke ACH, Revoke wage assignment, and be quiet. If you start getting calls then c&d the collection agency.
FYI- I don't think you'll be getting a refund when the complaint is filed... Normally, any compensation would be if the suit is settled or when the judge or jury rules in favor of the plaintiffs.

Yeah I know that the case has to be won first, just wrote that wrong. I called Delbert today and told them I am revoking ACH auth and she said she needs it in writing. They are sending me a packet. How did you revoke the wage assignment? By writing a letter? The Investigator for the state also said don't answer the phone when they call like you're saying.

A phone call will not protect your rights, and I wouldn't tell them you are going to revoke anything. Go to your bank, close the account and explain you may be the victim of fraud, then write a letter and send it to them via the contact link on their website AND via certified mail. It has been suggested that email is enough but the Office of Financial Regulation here in Florida states via certified mail and I am not taking chances.
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Then ignore them. Or do what I do and send a letter each week demanding my overpayments back. Just don't talk to them on the phone. I won't even answer the phone so there is no way they can claim I agreed to anything on the phone.

@ unregistered - you need to follow the link below in my signature line on how to deal with - you have to send the letter revoking ACH authorization and cancelling any wage assignments you may have signed -- follow all the steps in order.. best to secure your bank account.. If you need a copy of a letter -let us know - I can copy and paste mine here if you need..

Thank for all the help here in NJ. I also filed a complaint with DOIB and am waiting to hear back from them reading this now.. good luck!