From Deseret News archives:

Trapped for cash: Deeper in debt

Payday lenders put many borrowers in a vicious cycle

Published: Monday, Nov. 14, 2005 10:34 a.m. MST
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Of course, the borrowers' banks often impose bounced-check fees of $20 or more, too. Bailey said when she could no longer pay interest on her loans, some payday lenders would try to redeposit her original post-dated check several days in a row, racking up hundreds of dollars in bounced-check fees for her.

• On top of the fee for bounced checks, some require borrowers to agree to another "$30 late fee for any amount left unpaid more than 10 days from the due date."

• The fine print, in at least one contract provided by a borrower, also essentially automatically rolls over loans not paid on time up to the legally allowed 12 weeks.

• Beyond even that, most require borrowers to agree that if they go into default to pay the "maximum fees allowed" for collection, attorneys, court costs, process service fees or filing fees. As a recent Check Loan contract (provided by a borrower) says, "If the loan becomes more than 15 days past due, I agree to pay a 33 1/3 percent cost of collection, plus reasonable attorney fees and court costs . . . whether or not a lawsuit is commenced against me."

Peterson notes the contract does not say who decides what reasonable collection and attorneys fees are.

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• Most payday lenders in Utah require borrowers to sign away their right to a trial by jury for any grievances and to agree to arbitration instead, including agreeing not to hire an attorney to represent them in any proceedings. Many also require borrowers to agree not to be parties to any class-action suits against the lender.

• Some payday lenders, such as Rental Action Center in West Valley City, sought signatures on an agreement to allow it to garnishee wages if default occurs. Jaramillo says Utah law allows garnisheeing wages only if a borrower voluntarily agrees to it, and said they have the right to rescind that anytime.

• Most require borrowers to list family or friends as references and their employers, but oddly also vow not to contact them to determine whether they qualify for a loan.

Bailey said she found that when she went into default, lenders started calling relatives and her employer trying to get them to pressure her to pay her loans or to tell them how to contact her.

• Hilton said she has often heard Hispanics complain about another collection tactic used against them that is not found in fine print. "Collectors will threaten to have them deported. Even if they say they are here legally or are citizens, collectors have threatened to call immigration anyway to cause problems, especially for family or friends who may be here illegally."

Other high costs

Payday lenders offer plenty of other high-cost products that also could cause problems for the unsophisticated. They include:

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Patty Bailey holds dozens of bounced-check notices from her bank. She could not afford to pay off the loans she obtained from payday loan centers.

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