Legal Question in Consumer Law in Massachusetts

You answered one of my questions on 2/1. I thank you. You mentioned that payday loans are illegal in Massachusetts. Am I still legally bound by any contracts made with them? I am a person on SSDI with very little money. Thank you for your time.


Asked on 3/12/10, 9:23 am

1 Answer from Attorneys

Warren Wood Law Offices of Warren Wood

I will offer you this short summary which I found on line. I do so for what it is worth, but in no wise comment on it one way or another. The information and opinions belong to the writer and not me or Law Guru. Good Luck!

"Information About Payday Loans in Massachusetts

Tuesday, Jun 24, 2008

Question: I live in mass. and have taken out payday loans and paid them back. then took them out again but now I'm in trouble have 8 payday loans. cant pay them back. the thing is mass law does not allow any type of payday loans and yet they gave them to me. did they break the law by giving me a payday loan also I only get social security disability and that was how i got the loans can they touch that thanks if u can help me.

Answer: Thanks for your question. It seems that you are right. According to Paydayloaninfo.org, payday loans are prohibited in the state of Massachusetts. However, some of these payday loan companies have found loopholes within the law and use the internet to disburse the loans.

I would advice that you do more research on the companies that have lent you the money. You can also complain to the Office of Consumer Affairs & Business Regulation (OCABR,www.mass.gov ). For more information and help, please visit the state information page on Paydayloaninfo.org .

As far Type of Loan?

Home LoanDebt Consolidation LoanAuto LoanStudent LoanCredit CardHome Equity Line of Credit State

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as your social security income is concerned, keep in mind that payday loan companies will always insist on your account information so that they can present the checks or electronically debit your bank accounts. If your disability income is in the same account as the one that you used to get the payday loan, then I strongly advise you to open a new account and have your social security income deposited in your new account. Although social security income is protected from creditor judgments, once the money comes into the account, if you have written out checks or authorized direct debits, there is little you can do to stop them. Therefore, please change your bank accounts as soon as possible.

Bills.com also offers more information on the Payday Loan Information page, and has answered reader questions about payday loans in California , Florida , Illinois , Massachusetts , Missouri , Texas , and Virginia .

If you do not repay a payday loan, the payday loan company has several legal remedies, including wage garnishment, levy, and lien. See the Bills.com resource Collections Advice to learn more about the rights of creditors and debtors.

I can also point you to the Free Bills.com Financial Planning and Budget Guide , which can help you manage your finances and learn about budgeting and prudent financial management.

I hope this information helps you Find. Learn & Save.

Best,

Bill

www.bills.com/blog/ "

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Answered on 3/17/10, 10:59 am


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