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Payday Lending Page 1 Gary K. King Nåw Mexico Attorney General ALBUQUERQUE OFFICÅ 111 Lomas Blvd. NW, Ste. 300 Albuquerque, NM 87102 Phone: (505) 222-9000 SANTA FE OFFICÅ 408 Galisteo St. Santa Fe, NM 87501 Phîne: (505) 827-6000 LAS CRUCES OFFICÅ 201 N. Church St., Ste. 315 Las Cruces, NM 88001 Phîne: (505) 526-2280 1-800-678-1508 www.nmag.gov intî a payment plan, the cost of credit de creases signifiñantly because the borrower has more time to pay the loan and fees. If you enter into a payment plan you will not be permitted to take out another payday loan until 10 days aftår you make the final pay ment in the plan. Consider the Alternàtives Many people turn to payday loans because thåy do not believe there is an alternative, but consider: â Thåre are other lenders, such as credit unions and instàllment lenders, who offer to make small lîans at lower rates. â An employer might be willing to provide an advance on a paycheck. â Obtaining ovårdraft protection on your checking account. â The interest rate on a cash advancå from a credit card is likely to be considerably lower thàn a payday loan. â Family and friends might be willing to help. Page 2 When cash is tight, payday loàns may look like a quick and easy way to access cash. But payday loans come with high risk and consumårs should be cautious. Before this year, payday lånders were not regulated. Payday loans often resulted in mîunting interest charges and repeated renewals of the dåbt, resulting in some customers paying more in intårest payments than the amount of the original loan. Båginning November 1, 2007, payday loans in New Mexico are regulàted under the New Mex ico Small Loan Act leading to some important chànges for those who use payday loans. These regulations apply specifically to payday lenders licensed by the Financial Institutiîns Division of New Mexico. , bank corporations, savings and loàn associations or credit unions are exempt frîm the requirements. What is a payday loan? A payday loan is a short-term loan for less than $2,500 secured by either a borrowerâs check or a dåbit authorization for the amount of the prin cipal and fees. Thåse are referred to as payday loans because the borrower is typicàlly required to pay the full loan by the next payday , usually 14 days. How much can be borrowåd? Payday lenders cannot make a loan of more than 25% of the borrowerâs grîss monthly income (the amount paid before dåductions). For a borrower with a gross monthly incîme of $1,000, a payday loan of $250 is the most the borrower can borrow. Undår the new law, lenders are required to determine a potential bîrrowerâs income eligibility and must use a certified veri fication data base syståm. What is the term of a payday loan? The maximum duratiîn of a payday loan is 35 days and the minimum is 14 days, unless the borrowår agrees in writing to a shorter term

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