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Ok I am back and DESPERATLY NEED SOME ADVICE

Date: Mon, 07/10/2006 - 18:05

Submitted by thebagsx4
on Mon, 07/10/2006 - 18:05

Posts: 14 Credits: [Donate]

Total Replies: 13


:cry: :cry: :cry: :cry: :cry: :cry: :cry:

Hi all it has been a while since I have asked for help. This is my situation and I really need some help.

My husband and I moved to California from Texas in March of this year. We have a total of 6 payday loans, 5 of which are in my husbands name. They all originate in Texas.

Some of the lenders are now contacting my husbands family, but they refuse to give them any information.

My husband and I are on a fixed income. We both work full time, and are trying hard to make ends meet. My husband is deathly afraid that his wages are going to be garnished. I have checked over every loan agreement, and no where did he sign a voluntary garnishment agreement. We have offered to pay each of the 6 lenders $25.00 a month, but they say no. They do not have any of our contact information as of this point, and I am terrified that if I send them any type of communication they will start hounding me by phone.

Can anyone tell me what the laws are in Riverside County California in regard to payday loans?

These loans originated in Fort Worth Texas, and are all Store Front loans.

Please tell me what my options are here........I would really like to pay on these, but just can't afford to at this time, and if my husbands wages are garnished then we will lose our home......

Can anyone please tell me what I should do. I have the phone number for T&C, however the start up cost is too much at this time, and the monthly to cover is also too high so I am at my wits end......

Help PLEASE


You have to keep after them for payment arrangements. I'm not sure if the loans would be governed under Texas law or california law..You would think Texas, and Texas is a non-garnishment state, so you wouldn't have to worry about that..
But if they can go under California law, there is a risk of garnishment, being that they are all store front lenders.
Keep contacting them..You may have to pay more than $25 a month..But trust me, I handle garnishments almost every day..Creditors..No matter how shady they are..Are less likely to garnish you if you attempt to make arrangements. And...In order to garnish they'd have to get a judgement in the state of California, not Texas, and I really don't know how easy that would be..It would, I guess, depend on if they are licensed in the state of ca..You really should call the local court in your area and ask them about that. that could really answer a lot of your questions.


lrhall41

Submitted by finsfan13 on Mon, 07/10/2006 - 18:14

( Posts: 6919 | Credits: )


Ok so I am still confused..........Which laws apply to me........The ones where I got the loan.........Where the loan company is licensed or the place where I live?

It would seem that the laws should apply where I originally got the loan.......but after reading a bit I am not quite sure.

I just want to protect what is mine now....


lrhall41

Submitted by thebagsx4 on Mon, 07/10/2006 - 19:26

( Posts: 14 | Credits: )


Ok so this morning I spoke to Legal Mediation Practice. I spoke to Tim Payne and Brenda White.....Neither of which was very helpful. The both told me that they represent the client and that my time with them has run out and that they are processing legal action against me. They said that they are persuing action within the county that I live in and that I need to get an attorney!!! Does anyone know where I can find the laws for Riverside County California.....Thanks so much


lrhall41

Submitted by thebagsx4 on Tue, 07/11/2006 - 07:59

( Posts: 14 | Credits: )


If they sue you they have to follow the laws f the state of california. I seriously doubt they will sue but if they do you need to make sure you show up in court. Also in advance of that send each lender a written letter offering to pay a set amount. even if they say no, it is ammo you can use if you do end up in court


lrhall41

Submitted by jj on Tue, 07/11/2006 - 08:18

( Posts: 1057 | Credits: )


You may want to see if the PDL has a web page and if they have any info on it. See what there pol;icy are to collect money owed. I have a friend in Calif who didn't pay hers and they have a statement all there wall that say thet can not legally take her to court she has to pay or they loose money, they can pursue her bad check with the D.A. Office but that is it.


lrhall41

Submitted by on Tue, 07/11/2006 - 08:52

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Where can I go to find out what the laws are here in the state of California, and more specific riverside county. I have been doing some reading here and I am still confused. I am sorry I know I seem stupid....

We got these loans in Texas

We now live in California

So which laws apply? In Texas they can't garnish wages, however in California they can. I understand that they have to sue you first.

What if the company that I got loans from in Texas is not licensed in the state of California, can they still sue?

These are all store fron lenders, do they usually sue, or do they just go to collections. I just don't have the money to deal with all of them at once.

I really really appreciate all your help however I am still unclear.

If they sue they have to sue under california law? And what is that Law?

Is that true even though the loan originated in Texas?

What about where the lenders are located does that have any affect on things?

Now I have been reading also about brokers.....What I have been hearing is that Ace Cash express is a broker for a lender, and when the loan went bad Ace Cash express paid the lender....an now I owe them....So what legal action can a broker take?

I am sorry there are so many questions....


lrhall41

Submitted by thebagsx4 on Tue, 07/11/2006 - 09:11

( Posts: 14 | Credits: )