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Some borrowers, however, use cash advances for several months. Cash advances should not be used as a long-term financial solution, and extended use may be expensive.
Borrowers with credit difficulties should seek credit counseling. All product and service options subject to change without notice. Cash advances subject to applicable lender's terms and conditions.
Licensed by the California Department of Business Oversight pursuant to the California Deferred Deposit Transaction Law. California loans other than deferred deposit loans are issued pursuant to the California Finance Lenders Law.
If you do not include the correct address, the creditor will not be properly noticed and will have a defense to actions your bankruptcy lawyer may take if they continue to harass you for collections after the filing. However, with payday lenders, the key question is always who the actual corporate owner of the lending service is and where they are located.
If they are located on an Indian Reservation or outside the territorial United States, it will be A) difficult to notice them until a viable address is ascertained; and B) even more difficult to execute a judgment for violations of the Bankruptcy Code with regard to post-filing collections attempts, etc.
The post-dated checks many such lenders require to make you a loan also present an issue in bankruptcy. Garnishments, lien perfections, foreclosures, repossessions, lawsuits, and other collections mechanisms are forbidden by the federal bank personal loan rate of interest stay against collections injunction that is raised against your creditors the moment you file a bankruptcy petition.
If a regular creditor garnishes your bank account, for example, after you file, that creditor can be made by the bankruptcy court to pay you severe sanctions. With ofw quick cash loans payday lender, the cashing of your post-dated checks also constitutes a violation of the automatic stay against collections.
But, as noted above, finding them to execute the judgment for sanctions received is often trickier than it ought to be due to confusing chains of corporate ownership and actual corporate location. Finally, a further potential complication is raised by the fact that payday lenders generally require payment of their loans within 2 weeks, with compounding fees and interest-rates for failures to timely repay.