Supreme Court of Alabama.
*390 Louis E. Braswell of Hand Arendall, L.L.C., Cellphone, for petitioner.
J. Michael Rediker, Thomas L. Krebs, and Michael C. Skotnicki of Ritchie & Rediker, L.L.C., Birmingham; Lange Clark, Birmingham, John Hollis Jackson, Clanton; and Daniel B. Banks, Jr., of Morris, Conchin, Banks & Cooper, P.C., Huntsville, for participants.
On Application For Rehearing
The opinion of 27, 2001, is withdrawn and the following is substituted therefor april.
Speedee money of Alabama, Inc. (“Speedee Cash”), is a defendant within an action pending within the Circuit Court of Chilton County. It petitions for a writ of mandamus directing the Chilton Circuit Court to vacate its order raising the stay of procedures within the action that is pending. We grant Speedee Cash’s petition.
The action pending when you look at the Chilton Circuit Court is styled Taylor et al. v. cash that is speedee of, Inc., et al. (we shall make reference to that action because the “Chilton County action.”) an action that is competing styled Alabama Check Cashers Association et al. v. State Banking Department associated with State of Alabama et al., is pending when you look at the Circuit Court of Montgomery County. (We are going to make reference to that action while the “Montgomery County action.”) The defendants in these competing actions are known as “payday lenders,” and the plaintiffs are individual borrowers although they are more specifically identified later in this opinion. A borrower writes a check to the lender for more than the cash received, and the lender agrees not to deposit the check until some later date, a date up until which the http://www.personalbadcreditloans.net/payday-loans-wv/ borrower may redeem the check in payday lending.