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one click cash in texas

Date: Tue, 04/19/2011 - 15:40

Submitted by laurap1121
on Tue, 04/19/2011 - 15:40

Posts: 14 Credits: [Donate]

Total Replies: 9


hi ive been to this site many times and i am happy to say that you guys gave me my life back. because of caring people like you i took the plunge and im trying to get back to my "before pdls" self. i already made arrangements with check n go and settled for 800.00, im in the process of paying them. i still have one click cash, speedycash and cashnet. i recieved a call from one click and when i told them that they were not licensed to lend in the state of texas ,she said that they were. i borrowed 400.00 dollars from them and have paid them 240.00 in fees. am i in the right to say that i owe them only 160.00? how can i tell them that is all they are getting or should i settle for less and do i tell them that i'm filing complaints to the tx ag. and federal trade comm. and the better business bureau? please advise. i still owe cashnetuas- 863.00 and speedycash 751.00. are they legal? please help me , it would be appreciated. thank you very much.


thanks so much paulmergel i really appreciate your quick response and help. so i just tell oneclick that i will settle on the balance of the 400.00 since i've already paid them 240.00 . and speedy cash is very confusing to me some say they are legal in texas and others say they are not. any info would help me. again thank you and everyone on this site that has helped me.


lrhall41

Submitted by laurap1121 on Wed, 04/20/2011 - 06:31

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OK, first off they may be operating outside the laws in the grey area of legal terms/statutes/and loopholes but by TX law it doesn't make them illegal per say. You may be able to BS your way through it and get them to drop it, or you may not. I have done extensive research on this lately and have spoken in depth with several attorneys within the OCCC and TX AG office. If they are licensed in TX as a PDL, or (as most are) registered as a CSO in TX they can continue to add on fees and charges and they have the right to take you to court over the matter if you don't pay. I don't know if they actually will, but they have that right. The others are legal where they originated from (well most of them) and by TX choice of law provision since you signed a contract saying you will abide by the laws of where ever they may be operating in, then you ARE LEGALLY bound to that contract. This is where it gets "grey". They can continue to tack on fees and charges. They can sell it to a collection agency and have it go on your credit report. They may even sue you over it. Good news there though, is TX does not allow wage garnishment for consumer debt outside the state so even if a court in DE awards them 20% garnisment, in TX you won't have to worry about it unless they come to your local court and file, then you can argue the point they are not licensed or registered in TX and you would have legal ground to dismiss it then. But as far as their right to pursue the debt and report it, they can.


lrhall41

Submitted by on Wed, 04/20/2011 - 06:54

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what was that?if they are registered as a CSO which they not only are,but have store locations they are legal.don't be telling someone to BS their way out of a loan.i don't play that here.if a loan is technically legal then the person should try and work it out with the lender.even if the lender is illegal we advocate paying back what was borrowed.that is how we roll here.


lrhall41

Submitted by paulmergel on Wed, 04/20/2011 - 07:00

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I'm not talking about CSO's and legal ones. I am disputing the legallity of the advice given to people here about so called illegal loans. Under most states choice of law provision and the contract people signed there are very few that are actually illegal. If you happen to live in a state like WA that has very detailed and expansive laws protecting the consumer, then yes they are illegal under WA law, but in most states they are not illegal, just in a semi-legal loophope type state that has not been addressed directly.

Sorry if anyone misunderstood my point. The BSing them to get them to drop it was only for so called illegal loans. As I said further down though if they are liscened PDL's or registered CSO's they can take you to court for breech of contract. they can and will continue to asess fees and intrest. they can and will harass you non-stop. You're only 2 options then are to pay or IF they break the law concerning debt collection, sue them.

As far as the choice of law provisions I had made a long, detailed post with links to state site citing the laws for several states. I explained it in detail, but some one decided to delete the thread, and I am not looking all that up again. If there is a question of if it's legal or not, before telling some one it's not, have them research choice of law provisions for their state and if/how it applies to internet transactions. Most states to do not have specific laws for internet, so it defaults to regular choice of law, where since the lendee signed a contract stating they will abide by the laws of the state the lender is located in, then it is legal and binding as I said before.


lrhall41

Submitted by on Wed, 04/20/2011 - 08:09

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Just so it is spelled out clearly, in many cases the advice given here to pay back only what was borrowed is wrong and can lead to more problems. Unless the state has specific laws concerning online PDLs, then choice of law kicks in and the contract signed is valid and binding, therefore the person legally owes every dime they borrowed plus all fees and intrest charged. This is not the case in every state, but is in some. People need to learn the state regulations before giving out advice that could land some one in further trouble.

That said, a person may be able to BS an online loan that is neither registered or liscened in their home state and pay back only the principle amoun they borrowed but the company may call your bluff and continue collections against you in accordance with the contract.


lrhall41

Submitted by on Wed, 04/20/2011 - 08:19

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Actually some of the above information pertaining to garnishment is wrong. My aplogies. Texas itself has no consumer debt garnisment at all. So if it happens to be a company legally operating in the state of Texas they can sue you, but then they are awarded a settlement that they must then collect + fees. They cannot garnish your wages though, and can only continue collection attempts.

The kicker is though, a company in another state can file for and win a garnishment against your wages, then have it applied to TX. It takes more work (which means they will add in more legal fees), but before it can be enforced, there are means to dispute it and a person stands a pretty good chance of winning that battle should it go that far. But legally, there is a way for an out of state company to file suit against a TX resident and win, and have the garnishment enforced in TX.


lrhall41

Submitted by on Wed, 04/20/2011 - 09:00

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