From Deseret News archives:
Lawsuits by payday lenders swamp courts
27,000 Utahns sued for nonpayment since '05
The number of cases grew rapidly in those three years, up 75 percent from 6,535 in 2005 to 11,403 in 2007. It grew even faster in some courts. In West Jordan, the number of payday lender cases grew nearly ninefold. In Provo, they grew by 140 percent.
Payday lender cases are accounting for a higher and higher percentage of all small claims cases. They accounted for 42 percent of all small claims cases in those Wasatch Front courts in 2005; 51 percent in 2006; and 58 percent in 2007.
In Provo, 84 percent of all small claims cases last year were filed by payday lenders (and it averaged 81 percent over the three years).
"That means we have three full-time clerks who essentially do nothing but handle payday loan cases," said Paul Vance, trial court executive for the 4th District Court.
He said the situation is not hurting regular, full-time judges because they do not handle small claims cases; those cases instead are handled by unpaid attorneys who volunteer as a service to act as small claims judges, where cases are usually heard at night.
Vance notes that people taking out payday loans with Check City "sign a paper agreeing that if the loan goes to default, they will have it adjudicated in 4th District Court. So we get cases from all over the state, as far away as St. George."
He adds that maybe because of that, "We don't have maybe even 10 percent of the defendants appear," because of the distance many would have to travel. So he said Check City or other payday lenders "usually receive a default decision."
Peterson, the U. law professor, says such agreements mean loan recipients may "have to travel a long way and find lodging, so even showing up in court could be more expensive than their original loan. People who take out these loans frequently are on the verge of falling into poverty, so traveling across the city or state is much less likely for them."
So, he said, payday lenders are more likely to get default rulings in their favor.
Peterson said considering all the small claims cases coming from payday lenders, "Maybe at this point we should change the name of small claims court to payday-lenders-get-whatever-they-want court."
Recent comments
For "speaking my mind": Education shows in the way you portray your...
Educated? Maybe not... | May 6, 2008 at 11:07 a.m.
I heard a rumor that most of the Utah Legislators are Mormon. In...
geoffhiker | April 3, 2008 at 7:01 a.m.
I am a very educated person who have used payday loans in the pass...
speaking my mind | March 6, 2008 at 12:35 a.m.
- NFL: Week 12 recap 12:50 a.m.
- '12 Days' bill would top $87K 12:35 a.m.
- Study finds autism therapy works 12:35 a.m.
- Boy shot following traffic stop 12:35 a.m.
- Sports on the air 12:24 a.m.
- Herbert builds his team of rivals 12:21 a.m.
- Corroon a step closer to governor 12:21 a.m.
- Monday on TV 12:18 a.m.
- Editorial: East, West and religion 12:17 a.m.
- A deficit commission? 12:17 a.m.
- Hall mouths off about hate of Utah
- BYU is champion of the state
- Cougars beat Utes in overtime
- Credit Coug defense for win
- Field goals, penalties doomed Utes
- Marriage definitions vary widely
- Cougar defense rose to occasion
- Banged up Jazz get best of Blazers
- Jones' joy for life remembered
- Fantasy is reality for BYU professor
- Hall mouths off about hate of Utah
869 - Cougars beat Utes in overtime
473 - Max Hall issues apology
145 - BYU is champion of the state
137 - Man trapped in Nutty Putty cave dies
117 - Cave to be sealed with body inside
116 - Rivalry Week is highly profane
90 - Hall's legacy measured today
79 - Hall's pain reflects self-betrayal
68 - Utes fall to Seattle U. at home
65
I wanted to tell them not to go. I dropped subtle hints. "My money is on...
When I was a kid, I worshipped my grandpa. He was undoubtedly my hero....
I find it interesting that many of the same people who say that we can't...
None of these teams is going to be easy. They all have fine football...
Max, no apology was necessary, but the apology was polically correct. If...
Very good piece of writing, Amy. You summarized what many of us have been...
How is a top 25 finish make Utah a top twenty team? I think what the poster...
90% of the BYU & Utah fans have class, and Hall knows it. If you don't...
This might be my favorite article I've ever read from the Deseret News. Kudos.
Thank you for not giving up and don't give up now brother and sister...
Dr. Lois Lee's work with children who are victims of child sexual...
Look at the preview for Pixar's "Up". The whole move is summarized in...


