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Payday Loan Laws in Georgia

By Kari Johnson on November 16, 2011

Georgia-Capitol-(1).jpgYou have probably heard of payday loans. Depending on your sources, it may sound like a quick fix to your problems by easily providing you with fast cash. On the other hand, you may know payday loans to be dangerous. This is one reason why, in Georgia, payday loans are illegal for the most part.

As of 2004, Georgia became one of a handful of states to illegalize payday loans. In the law, lending institutions that are not banks are not allowed to partner with out-of-state banks to get around the limits. The lenders are not supposed to loan less than $3000, and the interest rate is capped at 16% annually.

If someone does receive a payday loan in Georgia, they can sue in civil court for up to three times the amount, as well as court expenses. Borrowers may pursue these charges as an individual or as part of a class action suit. The District Attorney and Attorney General are also authorized to pursue this as a civil matter for the same amount on behalf of the state.

If the loans are found to be illegal before it has been repaid, they are declared void so that the borrower does not have to pay the money back.

If caught dealing in payday loans, lenders can also face criminal charges. It is a misdemeanor that can cost a $5000 fine and up to a year in jail for a first offense. After the fourth time, it is considered a felony that will cost a $10,000 fine and up to five years in jail. There are further laws that deal with lenders in a pattern of payday loans.
Since military personnel are considered at a higher risk for payday loans due to their fixed income, other laws have been put in place to protect them, including that certain lenders cannot solicit military personnel.

Even though there are loans in Georgia to protect you from predatory payday lending, you should still be careful when borrowing money. The law covers most damaging lending patterns, but there are certainly some ways lenders try to get around the rules. Always read the fine print before signing any agreement and be sure that you shop around to get the best rates on a loan, including the costs of interests as well as the time allotted for payback.
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