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Cash Advances in New Mexico
Some states which do not immediately recognize payday loans, instead force small cash advances to adhere to the laws of a small cash advance. The state of New Mexico is an example of one of these states, which instead allows a payday lender to operate, without capping the fees they may charge, or the loan of a term. Interest rates and fees in the state of New Mexico are not limited, as long as both the lender and borrower both agrees to the terms. The lender must provide the borrower with a written agreement, stating: Name, address, and telephone number of the payday loan lender as well as the borrower, an itemization of fees and interest, disclosures required by the Truth in Lending Act, a clear description of the consumer’s payment obligations and the agreement must also have the following statement in at least 14 bold face type: “You cannot be prosecuted in criminal court to collect this loan.”
The written agreement is standard through most states. This gives the payday borrower something concrete which they can reference for any payday loan questions they may have and in the case that legal action needs to be taken by either party, the borrower understands their rights in that particular situation. This agreement must also be displayed in Spanish as well as English. Any licensed payday lender operation within New Mexico must also display a chart outlining a schedule of fees, providing each lender with an understanding of the amount of money they would spend, depending upon their loan amount.
The state of New Mexico places no restrictions on specific loans, but instead on what each lender must provide to the borrower. The state has chosen to provide the borrower with the necessary information and allow them to make their own decisions.
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