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United States Of America payday advances Advance Centers v. Oxendine The Commissioner relocated for summary judgment regarding the grounds that no “actual or justiciabl

United States Of America payday advances Advance Centers v. Oxendine The Commissioner relocated for summary judgment regarding the grounds that no “actual or justiciabl

Summary judgment. Fulton Superior Court. Before Judge Longer.

Troutman Sanders, William M. Droze, David M. Green, for appellants.

Thurbert E. Baker, Attorney General, Sidney R. Barrett, Jr., Isaac Byrd, Senior Assistant Attorneys General, Samantha M. Rein, Assistant Attorney General, for appellee.

United States Of America Cash Advance Centers, United States Advance Loan, Inc., EZ Credit, Inc., Fast Money `Til Payday, Inc., Great American ay Advance. Oxendine relocated for summary judgment for plaintiffs’ failure to exhaust plaintiffs’ administrative treatments ahead of the Industrial Loan Commissioner; the motion for summary judgment had been given because of the test court for Oxendine. Finding no mistake, we affirm.

In July of 2002, the Commissioner authorized a study of the “payday loan” tasks of USA Payday Advance Centers. As a consequence of the assessment, an administrative “show cause” order given, and also the plaintiffs had been among the list of events called when you look at the purchase. Following the hearing on October 11, 2002, the Commissioner discovered that the plaintiffs had been in breach for the Industrial Loan Act to make loans lacking any commercial loan permit plus in making false and misleading advertisments of loans; the Commissioner commanded them to stop and desist from making loans “except as permitted underneath the Georgia Industrial Loan Act.” Plaintiffs had been billing an interest that is annual of 650%. On October 22, 2002, the superior court denied plaintiffs’ selling point of your order. On 2, 2002, plaintiffs dismissed that appeal december.

The loans were now made by County Bank through them on December 3, 2003, plaintiffs filed this declaratory judgment action and alleged that they no longer made the loans but that, as “service providers” for County Bank. Continue reading

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