Response from Northcash
Date: Thu, 07/11/2013 - 11:49
We are in receipt of your email regarding your account and have reviewed your concerns carefully in an attempt to resolve this matter. As clearly indicated in its website disclaimers and loan documents executed by you June 27th 2013, North Star Finance, LLC is a wholly owned and operated entity of the Fort Belknap Indian Community on the Fort Belknap Reservation of Montana. The Company is wholly owned by the Tribe, was established for the Tribe’s economic benefit, and is organized under and operates pursuant to Tribal law. As an economic arm of the tribe, the Company shares the Tribe’s sovereign immunity and, therefore, is not subject to state enforcement actions described in your letter.
The Fort Belknap Indian Community is a federally-recognized Indian tribe and a sovereign nation, as expressly recognized under federal law. See 75 FED. REG. 60,810, 60,811. As such, North Star Finance, LLC conducts its business under all applicable Federal laws and the laws of the Fort Belknap Tribe. Furthermore, we can attest that our Tribal lending business does not engage in excessive or abusive collection practices. We diligently work with our customers to resolve any inquiries and issues that have been brought to our attention in a timely manner.
At the present time, your account balance is $650.00
As a courtesy to you we are prepared to accept the principal you borrowed $500.00 as full & final settlement of this loan
Please forward $500.00 by money order or cashier’s check, made payable to “Northstar”, to our address below within seven (7) business days:
North Star Finance, LLC
PO Box 498
Hays, MT 59527
If you are not able to make the payment in a lump sum, please contact our office to set up a mutually acceptable payment arrangement.
We hope that we have answered your concern, but we would be happy to talk with you should you have further questions.
I responded back with:
The Fort Laramie Treaty, 15 Stat. 635, between the United States and the tribes of the Sioux Nation, “created the ‘Great Reservation’ for the Sioux and set off lands ‘for the absolute and undisturbed use and occupation of the Indians.’ “ Calhoon v. Sell, 71 F.Supp.2d 990, 999 (D.S.D.1998) (guoting 15 Stat. 635) .FN8 Under the treaty, States may not “interfere with reservation self-government” or tax on-reservation activities. Rice, 463 U . S. at 718. This gives tribes the power to regulate “the activities of nonmembers who enter consensual relationships with the tribe or its members, through commercial dealing, contracts, leases, or other arrangements,” but only when the “non-Indians [are] on their reservations.” Id. at 565.FN9
FN9. See also Bowen, 880 F.Supp. at 130 (Seneca Nation Treaty provided Seneca the right of exclusive jurisdiction over internal affairs). “Conversely, when Indians ... act outside of their own Indian country ..., they are subject to non discriminatory state laws otherwise applicable to all citizens of the state.” Muscogee (Creek) Nation v. Pruitt, 669 F.3d 1159, 1172 (10th Cir.2012).
Our agreement was under South Carolina laws. I will pay the difference like I stated in the past email of two money orders on 8-25 and 9-25. I believe this is fair under the circumstances.
The Fort Belknap Indian Community is a federally-recognized Indian tribe and a sovereign nation, as expressly recognized under federal law. See 75 FED. REG. 60,810, 60,811. As such, North Star Finance, LLC conducts its business under all applicable Federal laws and the laws of the Fort Belknap Tribe. Furthermore, we can attest that our Tribal lending business does not engage in excessive or abusive collection practices. We diligently work with our customers to resolve any inquiries and issues that have been brought to our attention in a timely manner.
At the present time, your account balance is $650.00
As a courtesy to you we are prepared to accept the principal you borrowed $500.00 as full & final settlement of this loan
Please forward $500.00 by money order or cashier’s check, made payable to “Northstar”, to our address below within seven (7) business days:
North Star Finance, LLC
PO Box 498
Hays, MT 59527
If you are not able to make the payment in a lump sum, please contact our office to set up a mutually acceptable payment arrangement.
We hope that we have answered your concern, but we would be happy to talk with you should you have further questions.
I responded back with:
The Fort Laramie Treaty, 15 Stat. 635, between the United States and the tribes of the Sioux Nation, “created the ‘Great Reservation’ for the Sioux and set off lands ‘for the absolute and undisturbed use and occupation of the Indians.’ “ Calhoon v. Sell, 71 F.Supp.2d 990, 999 (D.S.D.1998) (guoting 15 Stat. 635) .FN8 Under the treaty, States may not “interfere with reservation self-government” or tax on-reservation activities. Rice, 463 U . S. at 718. This gives tribes the power to regulate “the activities of nonmembers who enter consensual relationships with the tribe or its members, through commercial dealing, contracts, leases, or other arrangements,” but only when the “non-Indians [are] on their reservations.” Id. at 565.FN9
FN9. See also Bowen, 880 F.Supp. at 130 (Seneca Nation Treaty provided Seneca the right of exclusive jurisdiction over internal affairs). “Conversely, when Indians ... act outside of their own Indian country ..., they are subject to non discriminatory state laws otherwise applicable to all citizens of the state.” Muscogee (Creek) Nation v. Pruitt, 669 F.3d 1159, 1172 (10th Cir.2012).
Our agreement was under South Carolina laws. I will pay the difference like I stated in the past email of two money orders on 8-25 and 9-25. I believe this is fair under the circumstances.
awesome
great response to their generic BS email.the facy that they never change a thing in their first reponses is pathetic.send that and let us know how they reply.
Nothing yet
I sent a follow-up email asking the status of my account today. Will see what they reply with.