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Many of my clients have had serious money problems, and to "tide them over" until the next payday, have resorted to payday loans. I have seen them charge over 300% interest! The other problem is, payday comes, and instead of paying them off and being done with it, something else happens, and my clients have had to "renew" the payday loan, by paying the fee, and then renew it, and renew it. Or they have to take out more than one payday loan to pay other necessities, and then finally they are in a downward spiral and are overwhelmed by all the payments.
Payday loans are dischargeable or cancellable in bankruptcy, just like any other debt. I have had payday lenders tell prospective clients that payday loans cannot be discharged in bankruptcy, but it is untrue. My law office helps clients to discharge or cancel such debts in bankruptcy on a regular basis.
Another myth: that you can be prosecuted criminally for not paying a payday loan. Some payday lenders insist that you deposit a post-dated check with them, for them to cash if you do not go in to the store and re-new your payday loan. I have never had a client had charges filed on them for that, and the reason is simple. The payday lenders know that the checks are insufficient when they accept them, and the prosecuting authorities therefore simply won't accept charges under such circumstances.
The FTC has an excellent article about payday loans on it's website, and it is reprinted below for your information:
"I just need enough cash to tide me over until payday."
"GET CASH UNTIL PAYDAY! . . . $100 OR MORE . . . FAST." The ads are on the radio, television, the Internet, even in the mail. They refer to payday loans - which come at a very high price. Check cashers, finance companies and others are making small, short-term, high-rate loans that go by a variety of names: payday loans, cash advance loans, check advance loans, post-dated check loans or deferred deposit check loans. Usually, a borrower writes a personal check payable to the lender for the amount he or she wishes to borrow plus a fee. The company gives the borrower the amount of the check minus the fee. Fees charged for payday loans are usually a percentage of the face value of the check or a fee charged per amount borrowed - say, for every $50 or $100 loaned. And, if you extend or "roll-over" the loan - say for another two weeks - you will pay the fees for each extension. Under the Truth in Lending Act, the cost of payday loans - like other types of credit - must be disclosed. Among other information, you must receive, in writing, the finance charge (a dollar amount) and the annual percentage rate or APR (the cost of credit on a yearly basis). A cash advance loan secured by a personal check - such as a payday loan - is very expensive credit. Let's say you write a personal check for $115 to borrow $100 for up to 14 days. The check casher or payday lender agrees to hold the check until your next payday. At that time, depending on the particular plan, the lender deposits the check, you redeem the check by paying the $115 in cash, or you roll-over the check by paying a fee to extend the loan for another two weeks. In this example, the cost of the initial loan is a $15 finance charge and 391 percent APR. If you roll-over the loan three times, the finance charge would climb to $60 to borrow $100. Alternatives to Payday LoansThere are other options. Consider the possibilities before choosing a payday loan:
To Complain/For More InformationThe FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad. |
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