Upon receipt of the original check, the licensee shall refund any fee charged to the customer to initiate the title loan. If a customer makes such a partial payment, the licensee shall give to the customer a receipt with the following information:. Went through all of that then they turned us down because my husband didn't have his own email we use mine because I pay everything. Pascalis Claudius Lotinggi says: Notwithstanding any other provision of this chapter to the contrary:. For the purposes of subsection 1, a customer has the ability to repay a deferred deposit loan if the customer has a reasonable ability to repay the deferred deposit loan, as determined by the licensee after considering, to the extent available, the following underwriting factors:
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The liability of the surety continues as to all transactions entered into in good faith by the creditors and claimants with the agents of the licensee within 30 days after:. A licensee or his or her surety shall not cancel or alter a bond except after notice to the Commissioner by certified mail. The cancellation or alteration is not effective until 10 days after receipt of the notice by the Commissioner. A cancellation or alteration does not affect any liability incurred or accrued on the bond before the expiration of the day period designated in subsection 6.
In lieu of any surety bond, or any portion of the principal sum thereof as required pursuant to the provisions of this chapter, a licensee may deposit with the State Treasurer or with any bank, credit union or trust company authorized to do business in this State as the licensee may select, with the approval of the Commissioner:.
The securities must be held to secure the same obligation as would any surety bond, but the depositor may receive any interest or dividends and, with the approval of the Commissioner, substitute other suitable securities for those deposited.
A person may apply for a license for an office or other place of business located outside this State from which the applicant will conduct business in this State if the applicant or a subsidiary or affiliate of the applicant has a license issued pursuant to this chapter for an office or other place of business located in this State and if the applicant submits with the application for a license a statement signed by the applicant which states that the applicant agrees to:.
This section applies, without limitation, to any office or other place of business located outside this State from which the applicant will conduct business in this State at a kiosk, through the Internet, through any telephone, facsimile machine or other telecommunication device or through any other machine, network, system, device or means, except that the applicant shall not conduct business in this State through any automated loan machine prohibited by NRS A.
Upon the filing of the application and the payment of the fees required pursuant to NRS A. The Commissioner may hold a hearing on the application at a time not less than 30 days after the date the application was filed or not more than 60 days after that date. The hearing must be held in the Office of the Commissioner or such other place as the Commissioner may designate. Notice in writing of the hearing must be sent to the applicant and to any licensee to which a notice of the application has been given and to such other persons as the Commissioner may see fit, at least 10 days before the date set for the hearing.
The Commissioner shall make his or her order granting or denying the application within 10 days after the date of the closing of the hearing, unless the period is extended by written agreement between the applicant and the Commissioner. If the Commissioner finds that any applicant does not possess the requirements specified in this chapter, he or she shall:. Enter an order denying the application and notify the applicant of the denial.
Within 10 days after the entry of such an order, file his or her findings and a summary of the evidence supporting those findings and deliver a copy thereof to the applicant.
The Commissioner shall enter an order granting an application if he or she finds that:. If the Commissioner grants an application, the Commissioner shall:. Each licensee shall prominently display his or her license at the location where he or she does business. The Commissioner may issue additional licenses to the same licensee for each branch location at which the licensee is authorized to operate under the license, including, without limitation, each branch location where the licensee is authorized to operate at a kiosk, through the Internet, through any telephone, facsimile machine or other telecommunication device or through any other machine, network, system, device or means, except that the Commissioner shall not issue any license that would authorize the licensee to operate through any automated loan machine prohibited by NRS A.
Nothing in this subsection requires a license for any place of business devoted to accounting, recordkeeping or administrative purposes only. A license issued pursuant to the provisions of this chapter expires annually on the anniversary of the issuance of the license. A licensee must renew the license on or before the date on which the license expires by paying:.
A licensee who fails to renew his or her license within the time required by this section is not licensed pursuant to the provisions of this chapter. The Commissioner may reinstate an expired license upon receipt of the renewal fee and a fee for reinstatement.
A licensee shall immediately notify the Commissioner of any change of control of the licensee. A person who acquires stock, partnership or member interests resulting in a change of control of the licensee shall apply to the Commissioner for approval of the transfer.
The application must contain information which shows that the requirements for obtaining a license pursuant to the provisions of this chapter will be satisfied after the change of control. If the Commissioner determines that those requirements will not be satisfied, he or she may deny the application and forbid the applicant from participating in the business of the licensee. A licensee shall not conduct the business of making loans under any name, at any place or by any method, including, without limitation, at a kiosk, through the Internet, through any telephone, facsimile machine or other telecommunication device or through any other machine, network, system, device or means, except as permitted in the license or branch license issued to the licensee.
A licensee must obtain the approval of the Commissioner before using or changing a business name. Except as otherwise provided in this section, a licensee may not conduct the business of making loans within any office, suite, room or place of business in which any other lending business is solicited or engaged in, except an insurance agency or notary public, or in association or conjunction with any other business, unless authority to do so is given by the Commissioner.
A licensee may conduct the business of making loans in the same office or place of business as:. If a pawnbroker is licensed to operate a check-cashing service, deferred deposit loan service, high-interest loan service or title loan service, the pawnbroker may operate that service at the same office or place of business from which he or she conducts business as a pawnbroker pursuant to chapter of NRS.
A licensee may conduct the business of making loans in the same office or place of business as a mortgage company if:. A licensee who wishes to change the address of an office or other place of business for which he or she has a license pursuant to the provisions of this chapter must, at least 10 days before changing the address, give written notice of the proposed change to the Commissioner.
Upon receipt of the proposed change of address pursuant to subsection 1, the Commissioner shall provide written approval of the change and the date of the approval. This section applies, without limitation, to any office or other place of business at which the licensee intends to operate a kiosk, through the Internet, through any telephone, facsimile machine or other telecommunication device or through any other machine, network, system, device or means, except that the licensee shall not operate any automated loan machine prohibited by NRS A.
Each licensee shall keep and use in his or her business such books and accounting records as are in accord with generally accepted accounting practices. Each licensee shall maintain a separate written or electronic record or ledger card for the account of each customer and shall set forth separately the amount of cash advance and the total amount of interest and charges, but such a record may set forth precomputed declining balances based on the scheduled payments, without a separation of principal and charges.
Each licensee shall preserve all such books and accounting records for at least 2 years after making the final entry therein. Each licensee who operates outside this State an office or other place of business that is licensed pursuant to provisions of this chapter shall:. For the purpose of discovering violations of this chapter or securing information lawfully required under this chapter, the Commissioner or his or her duly authorized representatives may at any time investigate the business and examine the books, accounts, papers and records used therein of:.
For the purpose of examination, the Commissioner or his or her authorized representatives shall have and be given free access to the offices and places of business, and the files, safes and vaults of such persons. The investigation of a registered agent pursuant to subsection 1, including, without limitation, any books, accounts, papers and records used therein, must be kept confidential except to the extent necessary to enforce any provision of this chapter.
For the purposes of this section, any person who advertises for, solicits or holds himself or herself out as willing to make any deferred deposit loan, high-interest loan or title loan is presumed to be engaged in the business of making loans. This section does not entitle the Commissioner or his or her authorized representatives to investigate the business or examine the books, accounts, papers and records of any attorney who is not a person described in paragraph a , b or d of subsection 1, other than examination of those books, accounts, papers and records maintained by such attorney in his or her capacity as a registered agent, and then only to the extent such books, accounts, papers and records are not subject to any privilege in NRS Added to NRS by , ; A , , ; , The Commissioner may require the attendance of any person and examine him or her under oath regarding:.
The Commissioner may require the production of books, accounts, papers and records for any audit, examination, investigation or hearing. At least once each year, the Commissioner or his or her authorized representatives shall make an examination of the place of business of each licensee and of the loans, transactions, books, accounts, papers and records of the licensee so far as they pertain to the business for which he or she is licensed pursuant to the provisions of this chapter.
If, after auditing one or more branch locations of the licensee, the Commissioner or his or her authorized representatives conclude that the loans, disclosures, loan practices, computer processes, filing systems and records are identical at each branch location, the Commissioner may make an examination of only those branch locations he or she deems necessary. The Commissioner shall charge and collect from each licensee a fee at the rate established and, if applicable, adjusted pursuant to NRS The Commissioner shall bill each licensee upon the completion of the activity for the fee required pursuant to subsection 1.
The licensee shall pay the fee within 30 days after the date the bill is received. Except as otherwise provided in this subsection, any payment received after the date due must include a penalty of 10 percent of the fee plus an additional 1 percent of the fee for each month, or portion of a month, that the fee is not paid.
The Commissioner may waive the penalty for good cause. The failure of a licensee to pay the fee required pursuant to subsection 1 as provided in this section constitutes grounds for revocation of the license of the licensee. Annually, on or before April 15, each licensee shall file with the Commissioner a report of operations of the licensed business for the preceding calendar year.
The licensee shall make the report under oath and on a form prescribed by the Commissioner. If any person or affiliated group holds more than one license in this State, it may file a composite annual report.
The Commissioner shall adopt regulations establishing the amount of the fee that may be imposed pursuant to this section. Whenever the Commissioner has reasonable cause to believe that any person is violating or is threatening to or intends to violate any provision of this chapter, the Commissioner may, in addition to all actions provided for in this chapter and without prejudice thereto, enter an order requiring the person to desist or to refrain from such violation.
The Attorney General or the Commissioner may bring an action to enjoin a person from engaging in or continuing a violation or from doing any act or acts in furtherance thereof. In any such action, an order or judgment may be entered awarding a preliminary or final injunction as may be deemed proper.
In addition to all other means provided by law for the enforcement of a restraining order or injunction, the court in which an action is brought may impound, and appoint a receiver for, the property and business of the defendant, including books, papers, documents and records pertaining thereto, or so much thereof as the court may deem reasonably necessary to prevent violations of this chapter through or by means of the use of property and business, whether such books, papers, documents and records are in the possession of the defendant, a registered agent acting on behalf of the defendant or any other person.
A receiver, when appointed and qualified, has such powers and duties as to custody, collection, administration, winding up and liquidation of such property and business as may from time to time be conferred upon the receiver by the court. The Commissioner shall send a copy of the order to the licensee by registered or certified mail. The grounds for revocation or suspension of a license are that:. Any revocation or suspension applies only to the license granted to a person for the particular office for which grounds for revocation or suspension exist.
An order suspending or revoking a license becomes effective 5 days after being entered unless the order specifies otherwise or a stay is granted. In addition to any other lawful reasons, the Commissioner may suspend or revoke a license if the licensee has engaged in any act that would be grounds for denying a license pursuant to this chapter.
A revocation, suspension, expiration or surrender of any license does not impair or affect the obligation of any preexisting lawful loan agreement between the licensee and any customer. Such a loan agreement and all lawful charges thereon may be collected by the licensee, its successors or assigns. Except as otherwise provided in this section, if a licensee willfully:.
If a person operates a check-cashing service, deferred deposit loan service, high-interest loan service or title loan service without obtaining a license pursuant to this chapter:. Any contracts entered into by that person for the cashing of a check or for a deferred deposit loan, high-interest loan or title loan are voidable by the other party to the contract; and. In addition to any other remedy or penalty, the other party to the contract may bring a civil action against the person pursuant to NRS A.
Subject to the affirmative defense set forth in subsection 3, in addition to any other remedy or penalty, if a person violates any provision of NRS A. A person may not be held liable in any civil action brought pursuant to this section if the person proves, by a preponderance of evidence, that the violation:.
A court of this State may exercise jurisdiction over a party to a civil action arising under the provisions of this chapter on any basis not inconsistent with the Constitution of the State of Nevada or the Constitution of the United States.
Personal service of summons upon a party outside this State is sufficient to confer upon a court of this State jurisdiction over the party so served if the service is made by delivering a copy of the summons, together with a copy of the complaint, to the party served in the manner provided by statute or rule of court for service upon a person of like kind within this State. In all cases of such service, the defendant has 40 days, exclusive of the day of service, within which to answer or plead.
This section provides an additional manner of serving process and does not invalidate any other service. A customer tenders to another person: The term does not include a grace period.
The term does not include: The term includes, without limitation: As used in this chapter, unless the context otherwise requires, the following terms have the meanings ascribed to them in the Truth in Lending Act and Regulation Z: The provisions of this chapter apply to any person who seeks to evade its application by any device, subterfuge or pretense, including, without limitation: A person who is primarily engaged in the retail sale of goods or services who: Any firm or corporation: All provisions of this chapter governing enforcement or collection of an obligation originated under this chapter apply to: Except as otherwise provided in subsection 3, an officer or employee of the Division of Financial Institutions of the Department of Business and Industry shall not: A licensee shall post in a conspicuous place in every location at which the licensee conducts business under his or her license: For the purposes of subsection 1, a customer has the ability to repay a deferred deposit loan if the customer has a reasonable ability to repay the deferred deposit loan, as determined by the licensee after considering, to the extent available, the following underwriting factors: Before making a deferred deposit loan to a customer, a licensee who operates a deferred deposit loan service shall provide to the customer a written loan agreement which may be kept by the customer and which must be written in: The loan agreement for a deferred deposit loan must include, without limitation, the following information: If a licensee who operates a deferred deposit loan service commences a civil action against a customer to collect a debt, the court may award: Notwithstanding any other provision of law: If a customer who receives or attempts to receive deferred deposit loan services is a member of the military, a licensee who operates a deferred deposit loan service shall: If a customer who receives or attempts to receive deferred deposit loan services is a member of the military, a licensee who operates a deferred deposit loan service shall not: A licensee who operates a deferred deposit loan service shall not make more than one deferred deposit loan, single-advance, single-payment loan or high-interest loan to the same customer at one time or before any outstanding balance is paid in full on an existing loan made by that licensee to the customer unless: A licensee who operates a deferred deposit loan service shall not: Include in any written agreement: To rescind the deferred deposit loan, the customer must deliver to the licensee: If a customer rescinds a deferred deposit loan pursuant to this section, the licensee: If a customer pays the deferred deposit loan in full, including all interest, charges and fees negotiated and agreed to by the licensee and customer as permitted under this chapter, the licensee shall: If a customer makes such a partial payment, the licensee shall give to the customer a receipt with the following information: A licensee who operates a deferred deposit loan service shall allow a customer with an outstanding deferred deposit loan to enter into an extended payment plan if the customer: An extended payment plan entered into pursuant to subsection 1 must: An extended payment plan entered into pursuant to subsection 1 must not: The written notice must: Under the terms of any repayment plan pursuant to this section: If the licensee and customer enter into a repayment plan pursuant to this section, the licensee shall honor the terms of the repayment plan, and the licensee shall not: Such an amount includes, without limitation: If the licensee and customer enter into a repayment plan pursuant to this section, the licensee shall: The written agreement must: Each time a customer who enters into a repayment plan pursuant to this section makes a payment pursuant to the repayment plan, the licensee shall give to the customer a receipt with the following information: This section does not apply to a new deferred deposit loan or high-interest loan if the licensee: If a customer defaults on a deferred deposit loan or on any extension or repayment plan relating to the deferred deposit loan, whichever is later, the licensee may collect only the following amounts from the customer, less all payments made before and after default: Such prohibited amounts include, without limitation: In addition to any other provision in this chapter, each time a customer who receives a deferred deposit loan makes a payment to a licensee who operates a deferred deposit loan service, the licensee shall give to the customer a receipt with the following information: The provisions of this section do not apply to the agent or assistant to a state or federally chartered bank, thrift company, savings and loan association, savings bank or industrial loan company if the state or federally chartered bank, thrift company, savings and loan association, savings bank or industrial loan company: Except as otherwise provided in this section, for the purposes of determining whether a loan is a high-interest loan, when determining whether a lender is charging an annual percentage rate of more than 40 percent, calculations must be made in accordance with the Truth in Lending Act and Regulation Z, except that every charge or fee, regardless of the name given to the charge or fee, payable directly or indirectly by the customer and imposed directly or indirectly by the lender must be included in calculating the annual percentage rate, including, without limitation: The following charges and fees must be excluded from the calculation of the annual percentage rate pursuant to subsection 1: The original term of a high-interest loan may be up to 90 days if: For the purposes of subsection 1, a customer has the ability to repay a high-interest loan if the customer has a reasonable ability to repay the high-interest loan, as determined by the licensee after considering, to the extent available, the following underwriting factors: Before making a high-interest loan to a customer, a licensee who operates a high-interest loan service shall provide to the customer a written loan agreement which may be kept by the customer and which must be written in: The loan agreement for the high-interest loan must include, without limitation, the following information: If a licensee who operates a high-interest loan service commences a civil action against a customer to collect a debt, the court may award: If a customer who receives or attempts to receive high-interest loan services is a member of the military, a licensee who operates a high-interest loan service shall: If a customer who receives or attempts to receive high-interest loan services is a member of the military, a licensee who operates a high-interest loan service shall not: A licensee who operates a high-interest loan service shall not make more than one deferred deposit loan, single-advance, single-payment loan or high-interest loan to the same customer at one time or before any outstanding balance is paid in full on an existing loan made by that licensee to the customer unless: A licensee who operates a high-interest loan service shall not: To rescind the high-interest loan, the customer must deliver to the licensee: If a customer rescinds a high-interest loan pursuant to this section, the licensee: If a customer pays the high-interest loan in full, including all interest, charges and fees negotiated and agreed to by the licensee and customer as permitted under this chapter, the licensee shall: If a customer defaults on a high-interest loan or on any extension or repayment plan relating to the high-interest loan, whichever is later, the licensee may collect only the following amounts from the customer, less all payments made before and after default: In addition to any other provision in this chapter, each time a customer who receives a high-interest loan makes a payment to a licensee who operates a high-interest loan service, the licensee shall give to the customer a receipt with the following information: For the purposes of subsection 1, a customer has the ability to repay a title loan if the customer has a reasonable ability to repay the title loan, as determined by the licensee after considering, to the extent available, the following underwriting factors: Before making a title loan to a customer, a licensee who operates a title loan service shall provide to the customer a written loan agreement which may be kept by the customer and which must be written in: The loan agreement for a title loan must include, without limitation, the following information: If a licensee who operates a title loan service commences a civil action against a customer to collect a debt, the court may award: If a customer who receives or attempts to receive title loan services is a member of the military, a licensee who operates a title loan service shall: If a customer who receives or attempts to receive title loan services is a member of the military, a licensee who operates a title loan service shall not: A licensee who operates a title loan service shall not: Notwithstanding any other provision of this chapter to the contrary: The title loan may be extended for not more than six additional periods of extension, with each such period not to exceed 30 days, if: The original term of a title loan may be up to days if: A licensee who makes title loans shall not: Make a title loan without requiring the customer to sign an affidavit which states that: The licensee who made the title loan may not pursue the customer personally for: If a vehicle is repossessed pursuant to this section: If a customer uses fraud to secure a title loan or if the customer wrongfully transfers any interest in the vehicle to a third party before the title loan is repaid, the licensee who made the title loan may bring a civil action against the customer for any or all of the following relief: To rescind the title loan, the customer must deliver to the licensee: If a customer rescinds a title loan pursuant to this section, the licensee: If a customer pays the title loan in full, including all interest, charges and fees negotiated and agreed to by the licensee and customer as permitted under this chapter, the licensee shall give to the customer: If a customer defaults on a title loan or on any extension or repayment plan relating to the title loan, whichever is later, the licensee may collect only the following amounts from the customer, less all payments made before and after default:
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