Need help in Minnesota with Payday Loans
Date: Wed, 09/23/2009 - 23:28
[SIZE=3][COLOR=#061a2d]My Cash Now[/COLOR][/SIZE]
Borrowed 500 fees 212.80 + 93.10 next payment (not paid yet)
Borrowed 300 171.57 paid + 300 original amount= 471.57
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[SIZE=3][COLOR=#061a2d]Pay Day One[/COLOR][/SIZE]
Borrowed 350.00 fees 26.00
Borrowed 350.00 fees 26.00
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[SIZE=3][COLOR=#061a2d]Loan Shop Online (LTS Management)[/COLOR][/SIZE]
Borrowed 500.00 nothing paid yet, supposed to be 150.00 each
time.
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I would like to know if these are not legal in MN and How much you think I should pay in interest each month, or at least an idea of where to go or start. I don't want to take out any more loans. Thanks.
You can check their licensing status from the following link. "
You can check their licensing status from the following link.
"http://www.commerce.state.mn.us/FSLicensees/il.html"
I know about that one, but it just lists companies in MN. What
I know about that one, but it just lists companies in MN. What about the online ones, or are they usually illegal? I would like to know my rights before I call them. They had some companies take two checks out of my account also on things I never signed for, and am talking to the bank about them. I know the MN law now and know I won't owe as much as they want, but don't know if they are legal. I want to be armed when I talk to them. Thanks.
[QUOTE]MINNESOTA Minn. Stat. Ann. ? 47.60 et seq. Applicability
[QUOTE]MINNESOTA
Minn. Stat. Ann. ? 47.60 et seq.
Applicability: To loan a short term, unsecured loan to be repaid in a single installment not to exceed $350. A consumer small loan lender is a financial institution which includes regulated lenders or a person registered with the commissioner and engaged in the business of making consumer small loans. Otherwise, Regulated Loan Act applies.
Minn. Stat. Ann. ? 47.59 (33% per year on loans up to $750).
Filing requirements: Must file with the commissioner as a consumer small loan lender. The filing must be on a form prescribed by the commissioner accompanied by a $150 fee. The form must contain information dealing with liquid assets of at least $50,000. Revocation of the filing and the right to engage in the business of making these
loans is the same as in the case of a regulated lender under ? 56.09.
Permitted charges: In lieu of the interest, finance charges, or fees, a consumer small loan lender may charge the following:
1) $0-$50 - $5.50
2) $50-$100 - 10% of loan proceeds and $5 administrative fee
3) $100-$250 - 7% of loan proceeds with a minimum of $10, plus a $5 administrative fee.
4) $250-$350 - 6% of the loan proceeds with a minimum of $17.50, plus a $5 administrative fee.
On a loan transaction in which cash is advanced in exchange for a personal check, a return check may be charged. After maturity, the contract rate can not exceed 2.75% per month of the remaining loan proceeds. After the maturity date, calculated at 1/30 of the monthly rate in the contract for each calendar day that the balance is
outstanding. No insurance charges or other charges can be charged, collected, or imposed.
Prohibited acts: Insurance charges or other charges are not permitted. A loan made can not be repaid by the proceeds of another loan made by the same lender. The proceeds from a loan can not be applied to another loan from the same lender. A loan to a single borrower can not be split or divided and a borrower can not have more than one loan outstanding with the result of collecting a higher charge than permitted or in an aggregate amount of principal can not ever exceed $350.
Required disclosures: In addition to disclosures required by TILA, the lender must furnish a copy of the contract of loan to a person obligated on it upon that person’s request. The lender must prominently display a schedule of charges which must be approved by the commissioner. The schedule of charges must include a notice that says:
“These loan charges are higher than otherwise permitted under Minnesota law. Minnesota permits these higher charges only because short-term loans might otherwise not be available to consumers. If you have another source of a loan, you may be able to benefit from a lower interest rate and other loan charges.” Upon repayment of the
loan in full, lender shall mark it ”paid” or ”cancelled” within 20 days after repayment.
Loan terms: Term of loan cannot be for more than 30 days.
Civil / Criminal Penalties: A person obligated to a lender can file a written complaint with the commissioner.Upon receipt of the complaint, the commissioner may inspect the lender’s accounts and records. Revocation of a license will not affect existing lawful contract between the licensee and any borrower. Violation is also a gross
misdemeanor.
Private right of action: If unlicensed, loan is void and debtor may recover all amounts paid if brought within one year. For intentional violations, consumer can recover $100 for each violation as long as no other remedy is available under state and federal law.[/QUOTE]
All lenders in MN must be licensed. Here is where to call
Where to Complain, Get Information:
Regulator: Minnesota Department of Commerce
Address: Division of Financial Examinations, 85 7th Place East, Suite 500 St. Paul MN 55101
Phone: (651) 296-2135
Fax: (651) 296-8591
Regulatory Contact: Kevin Murphy,, Deputy Commissioner