Could someone tell me the payday loan laws in Nebraska?

You will find the Payday loan laws for Nebraska here (just select your state),
http://www.debtconsolidationcare.com/paydayloan/explain-pdls-laws.html

any illegal in NEB?

Store fronts are usually legal. We need to know who you have loans with

Payday Advance
EZ Money
Quik Cash
Ace Cash Express
EZ Payday Loan
Check Into Cash

As Kash stated, Store Fronts are usually working within the law. So we need to follow their rules. Sometimes you can talk to them and make other payments arrangements. Some of them will refuse until you have defaulted on the loan...then they will make arrangements and the interest also usually stops at that point too. I am thinking the first thing you will have to do is contact them and explain the situation. See if any of them are willing to work with you.

Others will be along also to offer more insight into what possible alternatives you may have. You can also take advantage of the free consult..there may be more suggestions there too!

If they threaten you by saying you intentionally wrote a bad check and say they will take it to the county attorney.. is there anything you can do...even if you paid some of it off? They only give you 30 days to pay it off, before they turn it over.

Unfortunatley, your state pdl law does not state exactly what "criminal action" can be taken. However, storefronts can not claim that you wrote a "bad check". It is posted in thier stores that you can not be prosecuted for a "bad check" for a pay day loan advance. So, are they threatening this to you? I understand that they will "extend" your loan up to 30 days. I've had that done. However, after checking the list for CFSA members, I'm showing Quik Cash, ACE Cash Advance, EZ Payday Loan, Check Into Cash as being members. Now, Payday Advance isn't showing as "PayDay Advance"; however, they may be using a different name (the corporate name). If these pdls are indeed members of the CFSA, you have the right to invoke the EPP with them. What this is, is that you can go in the store (before the due date) and ask to be put on the EPP (extended payment plan). Then you will have to sign an amendment to your loan agreement and it breaks down the payments into 4 equal payments until the loan is paid off. They payments must coincide with your paydays (every 2 weeks or whatever). I also see that you have been making payments on these. Are they not happy with your payments "suddenly"? Or what's going on? Do this. Call each store (or the corporate office of the pdl) and ask them "Are you a member of the CFSA?" If they say "yes", tell them your situation and what's going on and that you need the EPP. I do know that you have to go in there and invoke the EPP before the loan is due. So, I don't know what they'll do regarding the payments you have already made. Try this approach first. Call them (or call the corporate office) and ask if they are indeed members of the CFSA. Then tell them of your situation (you've been making pmts) and ask them if you can invoke the EPP. I personally called the corporate office. That way you will get a straight answer. If they're members, you can pay them in 4 payments, no interest will be added, and all collection activity must stop. Do this and post and we can go from there.

Cannr is right about the Extended Payment Plan. Be SURE to ask for it at least 1 day BEFORE your payment is due, or else you won't qualify.

Payday Advance is legal in Nebraska it is licensed under Nebraska Check Cashiers of Nebraska I do believe and are easy to deal with. I have been paying them off slowly and found them very easy to deal with.

Just be honest and upfront with them and they will more than likely work with you:) Good Luck

ladybug

I have 6 payday loans i am trying to pay off. I am about to revoke the epp on them, but I cant afford too pay on them all at once...Do I pay one off at a time and let the others go? Will they just go to collections, im not sure what to do?

Does being able to pay your loan off in 4 equal payments become void if you can not pay them all at once?

landers, are all 6 of your storefronts due on the same date? I'm asking this because if they are, you may not be able to make the payments to them all even with the EPP. By this I mean, paying 4 payments is a lot of money to pay the loan off. So, if you have 6 and you're paying them off in 4 equal payments, you're going to be making 6 payments each payday. That's going to take all of your money and you won't be getting any back. So.... if they are NOT all due on the same date, you can "stagger" them. Like, go to two of the plds BEFORE the due date and invoke the EPP. Tell them your pay dates are two weeks. They'll set you up for your 4 payments to be due that week, then two weeks later, etc, until you're done. Go to two more pdls BEFORE the due date, invoke the EPP, tell them your pay dates; however, make the pay dates to be opposite the other pdls. So, if you can't do all 6 at once, that's fine. That's a lot to handle. If you can do 2 or 3 even, try to "stagger" the payments so that you will be paying each week, but only to 1 or 2 or 3. Example: Go to store #1, invoke the EPP, have them set you up to pay THAT Friday, then every two weeks thereafter. Go to store #2, invoke the EPP, have them set you up to pay the NEXT Friday and every two weeks thereafter. That way, one week you're paying store #1, the next week you're paying store #2. Now, if you can not do the EPP on all six because of the money situation (that's a lot of money), then try doing the EPP with only 2 or 3 stores right now. The other ones, if you can, just keep playing the game. Go in and pay and rewrite and carry on until you've got 2 or 3 paid off. Then you can invoke the EPP on 1 or 2 others. Stagger them and get them paid in 4 payments. Eventually, you're going to be rid of 2 or 3 altogether. Then you can focus your money on paying 2 or 3 others. It's tough because you're going to be making payments and walking out with no money. But in 4 payments (if you do it every two weeks), then in 2 months they will be gone forever. Then concentrate on the next ones. Does this make any sense at all? Please post any questions. I'm trying to type it to "make sense"! But if ALL 6 of your storefronts are due on the same date, we may have to find another route here. But, you've been paying payments on some of them, right? Do you want to continue with the payment plan already worked out? Or are the payment plans not working out? Let me know if any of this makes any sense to you!

Yes it makes sense..but five are due on the same date and one i only have until Nov 12 to pay off 300. They want you to pay on your payday.

Okay, 5 are due on the same date. 1 is due on the 12th. Okay, now this depends on your money situation. Can you try like 2 stores? Out of the 5, try 2. See if they will invoke the EPP and just start out with 2. Then you'll have 3 to deal with (not counting the 1 on the 12th). On those 3, can you pay and re-write (again) just to buy you some time? I know, I know. We don't want to re-write, but having 6 due all at the same time is hard. If you can swing it, can you do the EPP with 2 stores, then the other 3, pay & rewrite for another two weeks? The one due on the 12th - can you pay and rewrite for another two weeks? I know it sounds like you're still in the vicious cycle, and you are, but at least 2 of them would be on EPP and paying down on and no collections and no fees. Then after a couple of payments, try 1 more store doing the EPP. In the meantime, you might have to pay and rewrite at the other stores. But this is only if you can swing it money wise. Like, say I have 6 loans. I got to 2 of them and invoke the EPP. Okay. Well, the other 4, I'll go and pay and rewrite so I'll have money. Yes, this is called playing the game. Then maybe after the 2 are paid off with the EPP, go to 2 stores after that and invoke the EPP. In the meantime you'll still have another one that you'll pay and rewrite. You'll need a friggin calendar to keep up with it all! But can you do this? What about the payments you have been making?

The one on the 12th is the one that i have to pay off or they are going to send it to county attorney. I possibly could rewrite there, but do not really want too. Which leaves me with no money to set up any EPP arrangements..maybe i could set up one, but already paying on another i have set up. The payments i have been making are too the first one, that threatens to send the "bad" check to the county attorney.

landers, I sent you a pm. Now I'm concerned with this one saying they're going to send your account to the county attorney. You've been making payments, correct? Are they suddenly not happy with your payments? What made them decide to tell you they're going to turn the check over instead of continuing to make payments to them?

That sounds like a good plan cannr. Paycheck Advance for me was easy to work with since I only get paid once a month. I just have been keeping in touch with them each time I send in a payment. Maybe I just got lucky but so far so good and those checks were for $500.00. I only have $200.00 left and have been paying on them since June.

If that is any help whatsoever. I know everyone's situation is different but I would approach them like cannr suggested. They at first tried to get me to come in and rewrite to pay one off, but I told them no that my account was closed and the only way I could pay them back was to make payments. I also offered to pay any additional fees if there were any and the manager told me there weren't any additional fees. Good luck to you and keep us posted.

ladybug

They only give you a month to pay off your check...then they said they turn it over to the CA.

Thanks ladybug..i do plan on working with paycheck advance...hopefully they will work with me too

I am not quite sure if the ca will do anything...because you are agreeing to make payments...i will be interested to find out what other's have to say about this subject. I don't fully understand the way our state law refers to the payday loans..confusing...keep me updated.

Technically I don't think it would be considered a "bad check" because you post-dated it...don't know wish I had an answer for you.

Are you set-up on a weekly payment plan, meaning do you get paid weekly, or bi-weekly? Sorry you may have stated this earlier in your post, I can't remember. Just hang in there we will get you through this.

ladybug

i get paid twice a month....look at Neb Rev Stat section 28-611 thats the statue they use to threaten you...google it, its there. Thank you for your help, i will let you know how it turns out.

In order for the State to convict under this statute, the State must prove that the check was issued with the intent to defraud, and such intent must occur at the time the check is drawn. The maker of a postdated check will not be guilty of violating this statute when he or she has informed the payee at the time of its delivery that funds in the bank are not adequate to pay the check if presented immediately after

issuance. State v. Papillon, 223 Neb. 325, 389 N.W.2d 553 (1986).

I am confused on this part of the statute. Aren't all post-dated checks written on the assumption that there is no money in the account at that time? I am confused someone straighten this out for me.

ladybug

Now, I could be wrong here, but this is what I'm getting out of it. That they can be "found guilty" if they went out and wrote a check and then closed the account the next day or something. Maybe? Which of course is not what is happening here. This is certainly not a case of defrauding anyone. This is just a simple case of being in over your head and not being able to pay. And also offering to make payments should certainly be taken into consideration. It's not like this person wrote a check, closed the account, then disappeared out of state. Okay, I could see getting into trouble for that! Now, here in my state, we do not post-date the check. We date the check for they day we write it. Then they hold it for two weeks (or longer if need be) but the date on the check is the day you wrote it. Is that not the case for you? You post-date it for your pay date?

Yes I postdate for 2 weeks with this particulur one. But some others its for the day you come in and rewrite.

I think that you are correct cannr about just purposely writing a check and never coming back to pay it. I know that some pdl co's have you write the date that you actually write the check on and some of them have you write the day that you are to come in and pay the check..I think they should have it one way or the other personally.

ladybug

Maybe it varies from state to state? I've never come across a storefront here that tells you to post-date it. But, then again, maybe I just hadn't been to one who does do that!
landers, if you have any questions about the pm, just post or pm me!

Ok sorry to butt in here where i really don't know much about pdl's but about teh post dated checks.... i mean when u give the store front a check with the actual date on it, they DO know that the check is intended to be held right?? So in actuality, it IS a post dated check?? These pdl co's need to be put under!
Ang

Ang, well, in my state, we write the check for the date you're actually writing it. Then in the loan documents, it does state that you will pay it in full on such & such date (which is usually two weeks later/sometimes longer). Also, it is posted in all the storefronts that you will not be prosecuted for a "bad check" when entering into a deferred payment. So, I guess it's covered. It does state on the paperwork that it's check # whatever and due on date whatever. So, it is in writing. Hell,they can turn it in no matter what date you write on it if they really wanted to! LOL! I have heard of that happening! But nothing really surprises me anymore.

Yea i've seen stranger things happen! QUick off topic then i'll let u all be to the topic at hand... one time i sent a check to pay my insurance for a year and forgot to sign the check.... it still cleared my bank?!?! :shock:
SO not much surprises me anymore either!
Now back to topic at hand!
:D
Ang

Landers - I think you will be okay as long as you keep up communication with all the storefronts. Tell them your situation, that you're overextended, and need to make payments. They may end up sending you to collections, but there is no way they can claim you are commiting fraud if you are trying to make payments!

And remember, to do the EPP, you have to go in at least 1 day BEFORE your payment is due.

I have someone calling me from Paramount, he says that they have 2 internet loans for 1300 in there office and he is calling my payroll office right now and having a sheriff sent to my work for these. Can they do that??

no they are lying through there teeth to get you to pay.to garnish they need a court order and it would be mailed to them.debts are civil matters not criminal ones.they broke the law theatening like that.let me see if i can find an address.in the meantime do not talk to them again as they can do nothing to you.seems like a waste of time to me.will see about that address.hang loose.

Again the word is their not there
threatening not theatening
Please take some of the money you stole from not paying your bills and buy some education