Posts Tagged ‘laws’

What Happens If You Don’t Pay A Payday Loan Back

Monday, February 22nd, 2010

There are two parts to this question that most people would want to have an answer for.  Many people get online payday loans everyday, and it’s now a fact of life.  Although they are not always the first choice in emergency financial situation, they are a good reliable option for those that need cash in a hurry.  However, there are times when for what ever reason, a person is not able to meet the obligations of the loan.  This can be from a job loss, cut back in hours, reduce income, or a slew of other reasons, but what happens if you don’t pay a payday loan back?

One, your interest will continue to occur as contracted in the loan agreement, and that amount can be very high, and in some cases several hundred percent. This means that if you don’t pay, you will be liable in civil court for the damages, and those could be very high. Some states even impose double damages so the legal stand point is very risky and most likely the lender will win, especially if the contract is legal and valid in the state it was issued.  This means that even though you don’t have money to pay back the loan, the loan is still valid and needs to be paid back.

The second part of this is whether or not a person can be arrested. Some lenders threaten to call the police on people that don’t repay their loans, but in most states this practice is also illegal.  If a lender does threaten to have a person arrested for not paying a loan, then that person should immediately contact their state’s attorney for clarification.   However, each state is different so make sure to check your local state laws on payday loans.

In addition, there are lots of good resources on the web for finding out what a particular state’s law is, as well as consumer websites that help provider more insights, user ratings, and reviews of loan lenders.  Using sites that rate the services of the direct payday loan lenders, a person is sure to get a loan that is right for them.

California Payday Loan

Monday, August 10th, 2009

Payday loans are small loans subject to state regulation. Traditionally states have capped small loan rates at 24 to 48 percent annual interest and required installment repayment schedules. Many states have criminal usury laws to protect consumers.

Payday Loans in California State Information

Legal Status:
Legal

Citation:
Cal. Fin. Code §§ 23000 to 23106

Loan Terms:
Maximum Loan Amount: $300
Loan Term: Max: 31 days
Maximum Finance Rate and Fees: 15% of check
Finance Charge for 14-day $100 loan: $17.65
APR for 14-day $100 loan: 459%

Debt Limits:
Maximum Number of Outstanding Loans at One Time: One
Rollovers Permitted: None (cannot charge fee for extension)
Cooling-off Period: None
Repayment Plan: Voluntary (no fees may be charged in conjunction with payment plan)

Collection Limits:
Collection Fees: $15 NSF fee
Criminal Action: Prohibited

Where to Complain, Get Information:
Regulator: California Department of Corporations
Address: Financial Services Division, 1515 K Street, Suite 200 Sacramento CA 95814
Phone: (866) 275-2677