Sovereign Advance-Response
THIS IS A TRIBAL LOAN AND TRIBAL COUNCIL WILL PREVAIL US LAWS DO NOT APPLY. PAST DUE BALANCE JUST PAY US BACK OUR FUNDS
PAST DUE BALANCE CALL ME BEFORE YOUR ACCOUNT IS SENT TO OUR ATTORNEYS FOR NONPAYMENT
Sovereign Advance is responding to your correspondence regarding the above-captioned account.
Sovereign Advance which is located in Parshall ND , is licensed by the State of Ohio, to make small loans. All such loans are approved and funded in North Dakota, with repayment to be made in North Dakota Sovereign Advance agreement and website contain all disclosures required by North Dakota and federal law and make it clear that all transactions are governed by North Dakota law. On the advice of counsel, Sovereign Advance maintains that the choice of North Dakota law as controlling in the loan documents would be upheld, as all of the significant contacts in the loan transaction occur in North Dakota. The loan agreement is legal and enforceable. In responding to your correspondence, Sovereign Advance notes and reserves all available legal and equitable objections to the points you have raised.
Sovereign Advance provided this service as a convenience to you. We still consider your loan to be outstanding and are prepared to go to arbitration as provided for in the Loan Agreement between us. As an alternative, if you are experiencing financial hardship, we will be happy to speak to you about payment arrangements through which you can successfully meet your payment obligations. Sovereign Advance will consider doing so because of our continuing commitment to servicing our customers and not because of a legal obligation to do so.
Should you have any further questions regarding this matter, if you wish to speak about payment arrangements, please contact us at 1-888-926-3042
Sincerely,
Michelle L
Sovereign Advance
We are very legal, why is it when it's time to pay back the funds we are illegal? Even if we was illegal you took the funds and we want them back, you are aware that you are steeling and that is illegal just pay back what we loaned to you in good faith and all contact will stop.
Letter I sent to them
This is the letter I sent to Sovereign prior to there response.
This letter is to inform you that I am aware of the FACT that the loan
you issued to me, is NOT legal or binding in my state. For your
convenience, I have included my state payday loan laws below.
The state of OHIO requires Internet payday lenders to be licensed in
MY state. I have already researched this information, your company
does NOT have a license to lend in the state of OHIO, if I am mistaken
I will need proof in the form of a license number so that I may verify
it with my Attorney General. I am bound by the state laws where I
reside. As I have no presence in your state. therefore I have no legal
obligation to the 'governing laws' you may have detailed.
Be advised that as of today 05/02/13 I am revoking ANY and ALL ACH
authorizations with your company from debiting any AND all of my
personal accounts, per Federal law, Regulation E Section 205.10
Preauthorized transfers. I also revoke ANY and ALL wage assignments I
may have signed, by you, including but not limited to; any of your
affiliates, dba's, and collection agencies assigned to this account.
None of the above no longer have my permission to access my accounts
or impose a wage assignment.
I will only communicate to resolve this matter via email. If you
ignore this notice and attempt to contact me or any of my references
via telephone, you will be ignored and any payments owed will be
delayed. I have paid the $120.00 of a $400.00 loan. I will make
accpetable arrangments to pay the remaining $280 that is owed on the
prinicipal amount.
If you do NOT reply to this notice within 48 hours I will be forced to
file complaints with my Attorney General Mike Dewine. The BBB and the
Federal Trade Commission. If you reply to this notice with any
misleading legal implications or menacing course of actions you are
unable to follow through with, I will be forced to take actions
against you
please
no sovereign loan is legal as it is tribal.if you revoked any wage assignment then they can't touch you.btw the all caps is akin to yelling online so take that for what it worth.pay them no mind at all if that's how they want to respond.
Paul you said legal do you
Paul you said legal do you mean illegal. I should at least pay them the principal I borrowed correct.
So I should at least pay the
So I should at least pay the principal is that right.? Should I do anything else in regards to the above letter.
Thanks in Advance
Yes, morally we condone
Yes, morally we condone paying back the principle. They will respond to your letter, give it a little time.
It looks like the first
It looks like the first letter is the response to the second letter. It was just posted out of order.
They will probably continue to say they are legal.
They're exploiting a legal loophole. They are legal in the sense that there is no federal law to prevent them from doing this (hopefully there will be soon - looks like a bill that died in committee last year was just re-introduced to congress a couple of months ago) and they are technically not bound by state laws. They can most likely get a judgment against you in tribal court because you agreed to subject yourself to that jurisdiction in your loan contract.
HOWEVER, you and, I assume, all of your property, bank accounts, etc. are not on reservation land, and that is where they have a problem, because a judgment from the tribal courts does them no good to actually forcibly collect "their" money via garnishment or other methods. In order to do that, their judgment has to be recognized by the state that your property is in.
Google "Uniform Foreign Country Money Judgments Act" and the name of your state. That is the law that says they've got nothing - because it contains a provision that basically says any judgment that would have been against the law in your state won't be recognized.
So if they even bother getting a judgment against you in tribal court, and then actually have the audacity to file with your state for recognition, you simply go before the judge and say "Your honor, this judgment cannot be recognized by this state per the UFCMJA because it is repugnant to our laws." and the case gets thrown out.