The CASH STORE, aka Cottonwood Financial, Ltd a Texas Limited Partnership licensed to do business in Washington State, Appellant

The CASH STORE, aka Cottonwood Financial, Ltd a Texas Limited Partnership licensed to do business in Washington State, Appellant

Under Washington law, a company in the business of making small loans may advance up to $500 on the security of a postdated check, as long as the date of the postdated check is no more than 31 days after the date of the loan. RCW (4); (3). These so-called “payday loans” may be subject to interest or fees up to 15 percent of the principal amount borrowed. RCW (2).

Court of Appeals of Washington,Division 3, Angela D. JOHNSON, a single woman, Respondent, v. No. 21435-4-III

The Cash Store, also known as Cottonwood Financial, Ltd., loaned Angela Johnson $500. In exchange, Ms. Johnson gave Cash Store a check postdated two weeks later for $575, including a $75 “Finance Charge.” Clerk’s Papers (CP) at 12. When Ms. Johnson was unable to pay the entire amount two weeks later, Cash Store offered to keep the $75 finance charge and to draw up a second loan agreement for $575 with a second postdated check due two weeks later. Ms. Johnson repeated this process 14 times over the next 7 months. Following a stop payment on the last postdated check, and alleged threats from Cash Store that it would bring criminal charges, Ms. Johnson finally paid off the loan. She then filed a complaint against Cash Store for unconscionability and violations of the Consumer Protection Act. Although the summons and complaint were served on the manager, Cash Store did not answer or appear. Consequently, Ms. Johnson obtained a default judgment. Cash Store’s motion to vacate the judgment was denied.

Johnson went to Cash Store on January 4 and requested a payday loans Alabama $250 loan

On appeal, Cash Store contends vacation of the default judgment is appropriate under CR 60(b) because it presented at least a prima facie defense to Ms. Johnson’s causes of action and its failure to respond was due to excusable neglect. Cash Store also contends the trial court erred in its computation of damages. Read more

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