Section 10 Practice Tips - Title Loans

• Library: Consumer Law and Practice 2010 – Forms

. Was a disabling device used on the vehicle? If so, was it activated when the consumer was, in fact, in default on the loan, or was the device activated at a critical time or place? Perhaps the circumstances might give rise to a tort in addition to a claim for unfair practices under the merchandising practices law, Chapter 407, RSMo.

. Is the lender licensed? Information regarding licensees is maintained on the Missouri Division of Finance's website, and it would be wise to confirm that information with the Division before filing suit, especially if the lender does not appear to be licensed.

. Question the prospective client about the application process, whether for the first loan, a renewal, or a "new" loan on the same property. What financial information did the lender require? Did the lender ask about family size or how many...