Administrative Code
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10VAC5-200-33. Extensive re payment plans.
A. An eligible borrower may elect to pay an outstanding payday loan from any licensee by means of an extended payment plan in any rolling 12-month period. a debtor shall never be qualified to obtain a protracted re re re payment plan in the event that debtor obtained a protracted repayment plan inside the preceding one year.
B. a borrower may come right into a payment that is extended at any moment on or following the date financing is manufactured through the date that the mortgage flow from to be paid back. a debtor shall never be allowed to settle a delinquent cash advance in the form of a payment plan that is extended. A licensee may voluntarily accept payments from a borrower in accordance with subsection H of 10VAC5-200-70 if a loan is past due and a borrower cannot obtain an extended payment plan.
1. If an qualified debtor elects a protracted repayment plan, a licensee shall enable the debtor to settle the quantity owed in at the least four equal installments over a phrase of at the least 60 times. The buck number of each installment will be the exact speedy loan same in addition to installment repayment dates will be spread away evenly within the term for the payment that is extended ( e.g., if the word is 60 times and you will find four installments, an installment will be due any 15 times).
2. If your debtor comes into into a long payment intend on the date that loan is created, the check utilized to secure the mortgage will probably be dated at the time of the date the ultimate installment arrives. A licensee shall perhaps not need or accept numerous checks or any extra or alternate safety regarding the a payment plan that is extended. a debtor shall have the choice of trading security checks with a licensee during the time the debtor makes a repayment for a payment plan that is extended. If your debtor desires to switch safety checks, a licensee shall upon receipt associated with repayment return the check held as safety towards the debtor while the debtor shall deliver into the licensee an upgraded protection check, dated at the time of the date the ultimate installment is born, for the staying balance due towards the licensee.
3. a debtor who elects to repay a quick payday loan with a payment that is extended shall never be entitled to another pay day loan until 3 months following the borrower has paid back or pleased in complete the total amount regarding the loan.
C. A licensee shall provide notice to borrowers associated with the prospective option of the payment that is extended choice relative to the conditions for this subsection.
1. A licensee shall conspicuously upload in each certified location a written notice in at the least 24-point bold kind informing borrowers they might be eligible to come right into a extensive repayment plan. The minimum size for such written notice will be 24 ins by 18 inches.
2. The name regarding the written notice, which shall come in at the very least 48-point bold kind, will be “NOTICE – EXTENDED PAYMENT PLANS OPEN TO ELIGIBLE BORROWERS AT NO ADDITIONAL COST.”
3. The mandatory text associated with written notice will be the following:
You have the option of repaying a payday loan by means of an extended payment plan if you are eligible. You may possibly just obtain a long re payment plan when in almost any rolling period that is 12-montheven although you get loans from various loan providers or areas). You might obtain a long re payment plan at any right time on or following the date that you receive your loan through the date that the loan is born to be paid back. Under a extended payment plan, you’ll be allowed to settle the total amount your debt in at the very least four equal installments over a term with a minimum of 60 times. You simply will not be charged any extra interest or costs regarding the a protracted re re payment plan, and interest will maybe not accrue through the term of a payment plan that is extended. You will have the option of providing a replacement security check for the remaining amount you owe when you make a payment on an extended payment plan. Please be encouraged that after you fully repay or satisfy the extended payment plan if you obtain an extended payment plan, you will not be permitted to get another payday loan from any lender for a period of 90 days.
4. In the event that payday lending database known in 10VAC5-200-110 advises a licensee that a job candidate is qualified to receive a long repayment plan, the licensee shall straight away offer dental notice into the applicant that (i) the applicant is qualified to repay the payday loan through a long payment plan; (ii) information on extensive payment plans might be located on the poster when you look at the licensee’s workplace or perhaps in the “Borrower Rights and duties” pamphlet; and (iii) the licensee can be obtained to resolve any concerns that the applicant could have about extensive payment plans. When supplying this notice, the licensee shall additionally direct the applicant to the particular areas of both the poster described in subdivision 1 for this subsection additionally the area of the pamphlet entitled “Extended Payment Plans.”
D. A licensee shall straight away offer a debtor receipts, finalized and dated because of the licensee, for several re payments built in connection with a payment plan that is extended. The receipts shall state the loan also stability due after every re payment.
E. A licensee shall wthhold the written and signed extended re payment plan document distinguishing the regards to the extended repayment plan and supply the debtor having a duplicate initial. A licensee shall retain copies of also receipts supplied prior to subsection D of the part. Upon complete payment or satisfaction of a long repayment plan, a licensee shall mark both the initial loan agreement and initial extensive payment plan document with all the term “paid” or “canceled,” return both what to the debtor, and retain copies in its loan records.
§§ 6.2-1815 and 12.1-13 associated with the Code of Virginia.
Derived from Volume 25, problem 04, eff. 1, 2009 january.
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