Austin Municipal Court Judge Ferdinand Clervi struck straight straight down an element of Austin’s payday

Austin Municipal Court Judge Ferdinand Clervi struck straight straight down an element of Austin’s payday

lending ordinance in March, governing that the limits that are ordinance’s regularity and quantity of payments are preempted by state legislation.

If Clervi’s ruling is fundamentally upheld, it’ll imply that Austin, along with other towns which have comparable ordinances in Texas, may no further have the ability to protect customers within the method that City Council envisioned whenever it enacted the ordinance.

On Thursday, the city filed appeals both in instances, saying the judge had been mistaken as he ruled that state legislation overrules the ordinance’s restrictions. Appeals from Municipal Court rulings are incredibly uncommon and they are determined by a Travis County court at legislation judge.

Paul Lewis, who manages this system that oversees payday lenders’ compliance with all the town ordinance, told the Austin Monitor here is the very first time there was this kind of ruling and appeal. The ordinance ended up being enacted in 2012 and amended in 2015. Continue reading “Austin Municipal Court Judge Ferdinand Clervi struck straight straight down an element of Austin’s payday”