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10VAC5-200-33. Extensive re re 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 entitled to obtain a long re re payment plan in the event that debtor obtained a protracted repayment plan in the preceding year.
B. a debtor may get into a extensive repayment plan at any moment on or following the date that loan is created through the date that the mortgage is born to be paid back. a debtor shall never be allowed to settle a overdue cash advance by way of a extensive repayment plan. 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 let the debtor to settle the quantity owed in at the very least four equal installments over a phrase of at the least 60 times. The buck quantity of each installment will probably be exactly the same therefore the installment repayment dates will be spread away evenly within the term for the payment that is extended ( e.g., if the expression is 60 times and you can find four installments, an installment will probably be due any 15 times).
2. A loan is made, the check used to secure the loan shall be dated as of the date the final installment is due if a borrower enters into an extended payment plan on the date. A licensee shall maybe perhaps not need or accept numerous checks or any extra or alternate safety relating to a extensive repayment plan. a debtor shall have the choice of trading security checks having a licensee at that time the borrower makes a payment for a extensive repayment plan. In case a debtor desires to change protection checks, a licensee shall upon receipt regarding the repayment return the check held as protection to your debtor plus the debtor shall deliver towards the licensee an alternative safety check, dated at the time of the date the last installment is born, for the staying balance into 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 cash advance until 3 months following the debtor has paid back or satisfied in complete the total amount associated with the loan.
C. A licensee shall offer notice to borrowers regarding the possible option of the extensive payment plan choice prior 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 which they can be entitled to get into a extensive repayment plan. The minimum size for such written notice will probably be 24 ins by 18 ins.
2. The name regarding the written notice, which shall come in at the least 48-point bold kind, will be “NOTICE â€“ LONG PAYMENT PLANS OFFERED TO ELIGIBLE BORROWERS AT NO ADDITIONAL COST.”
3. The mandatory text for the written notice will probably be the following:
If you’re qualified, you’ve got the choice of repaying a quick payday loan by way of a long payment plan. You could just obtain a long re payment plan as soon as in just about any rolling 12-month duration (even although you get loans from various loan providers or places). You could obtain a protracted re re payment plan at any right time on or following the date you get your loan through the date that the loan flow from to be paid back. Under a payment that is extended, you’ll be allowed to repay the total amount your debt in at the very least four equal installments over a phrase with a minimum of 60 days. You’ll not be charged any extra interest or costs associated with a long re payment plan, and interest will likely not accrue throughout the term of an extensive repayment plan. 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. A licensee that an applicant is eligible for an extended payment plan, the licensee shall immediately provide oral notice to the applicant that (i) the applicant is eligible to repay the payday loan through an extended payment plan; (ii) information about extended payment plans may be found on the poster in the licensee’s office or in the “Borrower Rights and Responsibilities” pamphlet; and (iii) the licensee is available to answer any questions that the applicant may have about extended payment plans if the payday lending database referred to in 10VAC5-200-110 advises. When supplying this notice, the licensee shall additionally direct the applicant to your certain areas of both the poster known in subdivision 1 with this subsection together with part of the pamphlet entitled “Extended Payment Plans.”
D. A licensee shall straight away offer a debtor receipts, signed and dated by the licensee, for many re re payments produced in connection with a extensive repayment plan. 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 determining the regards to the payment that is extended and offer the debtor by having a duplicate initial. A licensee shall additionally retain copies of receipts supplied according to subsection D of the part. A licensee shall mark both the original loan agreement and original extended payment plan document with the word “paid” or “canceled,” return both items to the borrower, and retain copies in its loan records upon full repayment or satisfaction of an extended payment plan.
Â§Â§ 6.2-1815 and 12.1-13 associated with Code of Virginia.
Derived from Volume 25, problem 04, eff. 1, 2009 january.
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