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Need help in Minnesota with Payday Loans

Date: Wed, 09/23/2009 - 23:28

Submitted by vicki riisager
on Wed, 09/23/2009 - 23:28

Posts: Credits: [Donate]

Total Replies: 3


I have several payday loans and need to know what to do about paying them back. I cannot afford to pay them without taking out another loan and I am hoping they can set up some sort of payment arrangements with me. I think at least two are illegal in Mn. Also, Loan Shop Online has something to do with some checks that came into my bank and it put me in the hole. They are ID Theft, and PDL Resource. I have never been to any sight that these companies came from and it happened at the same time is this payday loan. I have canceled my bank account but hope they can't get information for my new one. I don't believe they can garnish my wages since I am on disibility and pension.

[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
----------------------------------
[SIZE=3][COLOR=#061a2d]Pay Day One[/COLOR][/SIZE]
Borrowed 350.00 fees 26.00
Borrowed 350.00 fees 26.00
-----------------------
[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.


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.


lrhall41

Submitted by vicki riisager on Thu, 09/24/2009 - 02:47

( Posts: | Credits: )


[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


lrhall41

Submitted by SOAPLADY on Thu, 09/24/2009 - 03:59

( Posts: 17315 | Credits: )