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Is it illegal for a payday loan from another state to lend money to me in IN?

South Bend, IN |
Filed under: Small business loans

I got a Internet payday loan, and I recently found out it is illegal for an Internet payday lender to loan me money, if they're NOT licensed to lend in my state. They KNEW I lived in Indiana, and when I signed the documents, it was KNOWN that I live in Indiana. My questions is, I have paid the principle of the loan back PLUS some.... I stopped any and all ACH. Does the lender's State laws prevail (Delaware) in this situation, or do Indiana State Laws prevail (because I live in Indiana)?

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Attorney answers 1


I don't know who told you this was illegal, but as far as I know, payday lenders are very unregulated. The 1st place to start analyzing this is the loan document itself -- you need to see which state's law governs the transaction, how disputes are resolved, Then see a lawyer licensed in the state whose law governs the loan.

Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

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