Are you sure that New York legal for payday loans? I've got a lot that I am unable to pay back and they're overwhelming. What can I do? I'm a NY state resident. I borrowed some payday loans online in February. I have paid hundreds of dollars more than the principal balance. I'm not sure why I'm able to afford to make these loan payments any longer. What advice can you offer me? Askbill Show More Show less Consumers are frequently caught unawares by these loans. They are also known as "cash advanced loans," "check advances," or "deferred-deposit check loans." A typical loan of $300 comes with fees of $15 to $30 for every $100 borrowed. For a $300 loan the borrower has to give the lender a post-dated cheque. The lender will then use this to electronically transfer payment or the entire amount of the loan from the borrower account. "Customer Service" also known as "customer service" is a method that permits partial payment to be taken from an account. This can be extremely risky. This is an ongoing installment which is likely to continue despite all efforts by the customers to stop it. With interest rates this high and the terms so short, it's no surprise that these loans are often rolled over again and again by the lender. Therefore, the annualized interest rate for the borrower can range from 390% and 780 APR, contingent on the number of times the principal is transferred. Wikipedia.org is the largest online dictionary includes payday loans as Loan Shark. The label refers to payday loans that are subject to high interest rates, trapping debtors and other financial products. Quick Tip New York laws prohibit payday loans. Debt collectors cannot get New York residents a payday loan. The New York State Dept. Financial Services to inform debt collectors in New York that payday loan collection is not legal. Register a complaint at the Department. If you're a New York resident, and a collection agency attempts to recover a loan, please contact the Dept. of Financial Services. The Federal Trade Commission provides great information about payday loan options. Payday loans and consumer rights A payday lender may attempt to collect the balance on its own. The payday lender may try to recover the loan balance from the borrower if they do not pay. We'll go over this in detail. The payday lender, also known as a collection agency, can sue you to recover the entire amount of the debt. The lender may sue you and get the judgment in your case. The lender then has the authority to make the judgment executable in civil court as provided by the law of the state. Wage garnishment, bank account levies and property liens are the most well-known methods for enforcing judgments. This list does not include the phone number of your employer, or your neighbors. Also, you cannot get an arrest warrant. In the event of a debt not being paid, it is not a crime, but a civil matter. Payday lenders frequently use the threat of arrest for check fraud. This threat isn't legitimate if the payday loaner does not have evidence that the borrower was planning to pay back the loan. This is very difficult to prove. Recall that no one in the United States has been imprisoned or held for debt prior to the Civil War. If a payday loan company purchases an account and the borrower is obligated repay the balance to the collection agency. Editor's note Comments on this website are no longer accepted. payday loan in new york (http://w-123.ru/) Loans provides information on how to collect payday loans. There is information about payday loan laws and regulations within California, Florida, Illinois. Massachusetts. Missouri. New York. Texas. The Fair Debt Collections Practices Act, a federal law, stipulates that third-party collector agents are required to stop calling you if your demand is made in writing. Many of the FDCPA regulations are extended to the original creditors in several states, including Texas, California, New York and New York. Check out the advice if you're being Harassed by a Collection Agent to find out what steps you should take if you think a collection agency is in violation of the FDCPA. If the payday loan company sells the account to a collection agency, the debtor can stop the phone calls by sending an cease communication demand letter which is commonly referred to as a cease and desist notice to the collection agent. (See the Bills.com debt self-help center for sample cease-and-desist letters.) How do you deal with the collection of payday loans? Many payday loan collectors use intimidation to scare borrowers. It doesn't necessarily suggest that a person who is in debt has lost their right to be an individual consumer. Payday lenders usually require customers to provide their bank account numbers to make withdrawals from their accounts using Automated Clearing House. If the account of the borrower does not have sufficient funds then the payday lender will continue to withdraw money. This can result in overdraft fees and, if it occurs frequently enough the bank may shut down the accounts of the borrower. The borrower can close one account at one bank and then open another to resolve payday lenders that are constantly withdrawing funds. This is only possible in the event that all transactions are tied from the old account to the new one by the bank. In the event of this happening, the bank simply goes into the new account to withdraw the funds. This is why it is essential to make sure the bank won't permit electronic withdrawals made from an existing account to be transferred automatically to the new account. The Bills.com article New York Collection Laws explains your rights as New Yorker. New York Payday Loan New York's laws prohibit payday loans. New York General Obligations Law (SS 5-501) stipulates a 16% APR civil usury cap. New York Penal Law SS 190.40 & 190.40 imposes a 25% APR limit on criminal usury. New York law forbids check cashers to cash checks with dates that are deferred. How can payday lenders in New York operate legally if payday lending is illegal? New York payday lender partners with banks from states that have not been regulated. They offer loans via electronic money transfer. They say that the local storefront is brokering loans for the bank that is exporting interest rates from the state of its origin to New York. This is known as rent-a bank borrowing. The New York City Dept. of Consumer Affairs Tips about Payday Loans outline New York law, and gives suggestions on how you can avoid payday loans. The New York State Prevention of Predatory or Dangerous Loans is available. More details on payday loans Learn more about strategies and tactics to deal with creditors at Bills.com's article on Debt Negotiation and Settlement Advice. Bills.com offers additional information on its Payday Loan Information pages and has provided answers to readers' queries regarding payday loans in California, Florida and Illinois. Payday loan companies can take legal actions against you if the loan isn't paid back. Learn more about the rights and obligations of creditors and debtors on Bills.com. The Bills.com Budget Guide and Financial Planning Guide are available for free and can be used to help you manage your financial situation. Additionally, you can learn about budgeting and prudent fiscal management.