Instant Cash Advance California
Instant Advance Cash Loans Online California
California Payday Loans
Payday loans are a surefire quick-fix for people in the midst of unexpected financial emergencies. If used properly, an instant cash advance california payday loan can help a person cover their bills without facing expensive overdraft fees from their bank. Payday loan money is used for various circumstances from urgent dental care to preventing repossession of a vehicle. Differing states have diverse laws for payday lenders; therefore, before taking out a payday loan in the state of California, be sure to select a payday lender that hold fast to the guidelines below.
CALIFORNIA PAYDAY LOAN FEES
The highest payday loan amount allowed in California is $300. The maximum fee a lender can charge the borrower is 15% of the total amount of the loan. For example, a $300 loan will incur a fee of $45. Further fee limits apply for military service members and their families.
LEGAL REQUIREMENTS
California residents may enter into a payday loan agreement with a personal check, which is used as a guarantee for the loan. The payday loan company accepts the check for the actual total of the payday loan in addition to any fees. The borrower agrees to repay the total sum of loan on their next payday period upon which the company will deposit the check.
The borrower can extend the payday loan, with the forewarning that loan fees will be recurring for each extension.
CALIFORNIA CONSUMER PROTECTION FOR PAYDAY LOANS
California payday loan lenders must be licensed under the DOC, Department of Corporations.
-Payday loan lenders must post their California license including a fee timetable at each location.
-Payday lenders are not permitted to give the borrower a new loan to pay an existing loan, even if the new loan and the existing loan does not go over $300.
-If the borrower’s check bounces, a payday loan lender can require payment of only one bounced-check fee not more than \$15.
-Supplementary fees are not allowed if the borrower requests a payment extension. In spite of this, a payday loan lender is not legally obliged to grant an extension request.
-Under law, payday loan contracts must be offered in the primary language the borrower used to collaborate with the lender.
-Payday lenders are not allowed to threaten to indict a borrower in criminal court due to deficient funds.
-Payday loans are owed on the borrower’s next payday. The time limit cannot go past 31 days.
CALIFORNIA LAWS FOR REPAYING PAYDAY LOANS
Borrowers may have hit the jackpot if they are unable to repay their payday loan. California law restricts the fees, interest, amount of rollovers, and additional penalties that payday lenders can charge.
-Fees and Interest
Under California law, lenders can charge a maximum of 15% of the entire amount in interest and fees.
-Rollover
In
California, it is against the law for payday loan lenders to rollover
payday loans. Many states permit payday loan lenders to “rollover”
unpaid debts from one month to the next, which means the first loan, in
addition to interest and fees attached to the loan, creates a new loan
if the initial loan is not paid. In such circumstances, the loan will
usually rollover each month and continue to snowball.
-Debt Collection
Even
though payday lenders are restricted for fees they can charge a
delinquent borrower in California, they still have certain legal actions
they can enact to collect on a debt. For example, a lender can sue the
borrower in civil court for breaking the loan contract. The payday loan
lender will request damages in the amount of the loan and any additional
fees.
If the lender wins a judgment against the borrower in California, the most widespread means of enforcing the judgment is through bank account levies and wage garnishment.
-Fraud Charges
In
California, lenders are not allowed to sue debtors for fraud simply
because a check bounces. At times, payday loan lenders will try to press
fraud charges against the borrower or try threats as a way of forcing
them to pay back the delinquent loan. This precept is based on the
notion that by issuing a check that bounced, the borrower enacted a form
of fraud.
Summary
Overall, the pros and cons to payday loans depend on the individual. If paid back in the agreed upon time, a payday loan is a great help in financial emergencies. If not, it puts the borrower in deeper debt than before. For more information on payday loans go to paydayloaninfo.org and click on the “state information” link.