Legal Question in Credit and Debt Law in Pennsylvania

I received an installment loan from Western Sky and they transferred it to Cash Call, in recently researching interests rates in Pennsylvania, it appears the cap is 6%. Is Western Sky and Cash Call loans which charge 132% legal in my state?


Asked on 4/10/12, 6:02 am

1 Answer from Attorneys

This sounds like a scam or a payday loan type of deal.

The maximum rate in PA is 6% if the loan meets the restrictions below:

41 P.S. � 201. Maximum lawful interest rate

(a) Except as provided in Article III of this act, the maximum lawful rate of interest for the loan or use of money in an amount of fifty thousand dollars ($50,000) or less in all cases where no express contract shall have been made for a less rate shall be six per cent per annum.

(b) The maximum lawful rate of interest set forth in this section shall not apply to:

(1) an obligation to pay a sum of money in an original bona fide principal amount of more than fifty thousand dollars ($50,000);

(2) an unsecured, noncollateralized loan in excess of thirty-five thousand dollars ($35,000); or

(3) business loans of any principal amount.

41 P.S. � 502. Usury and excess charges recoverable

A person who has paid a rate of interest for the loan or use of money at a rate in excess of that provided for by this act or otherwise by law or has paid charges prohibited or in excess of those allowed by this act or otherwise by law may recover triple the amount of such excess interest or charges in a suit at law against the person who has collected such excess interest or charges: Provided, That no action to recover such excess shall be sustained in any court of this Commonwealth unless the same shall have been commenced within four years from and after the time of such payment. Recovery of triple the amount of such excess interest or charges, but not the actual amount of such excess interest or charges, shall be limited to a four-year period of the contract.

You can bring a private cause of action and you can recover attorney fees. You might want to let the PA attorney general go after these people.

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Answered on 4/10/12, 8:36 pm


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