SEAN BEGAYE v. 505 QUICK CASH & PAWN, LLC

Case No. D-202-CV-2021-01130 IN THE STATE OF NEW MEXICO, BERNALILLO COUNTY, SECOND JUDICIAL DISTRICT

  1. Am I being sued?

    1. No. If you received a Notice it's because you are a member of a class action and your rights may be affected. You may also be entitled to certain benefits. Please read the notice for more information.

  2. What is this case about?

    1. Plaintiff Sean Begaye (“Plaintiff” or “Mr. Begaye”) filed this class action lawsuit against Defendant 505 Quick Cash & Pawn, LLC (“Defendant” or “Quick Cash”).  Plaintiff claims that Quick Cash’s pawn ticket did not comply with the New Mexico Pawnbrokers Act.  Mr. Begaye also claims that in some pawn transactions, Quick Cash charged an illegally high pawn service charge; and that in some pawn transactions, upon default, Quick Cash sold pawned property for more than was owed, leaving a surplus amount.  Quick Cash denies these allegations and otherwise denies that it failed to comply with the New Mexico Pawnbrokers Act or any other statutes or codes applicable to pawn transactions and pawn brokers. 

  3. Who is a member of the class?

    1. The Court has ruled that Plaintiff is the representative of the following class of people: all persons who entered into the same pawn contract, or a contract substantially similar, to that of Plaintiff, at any time beginning two years prior to the filing of this lawsuit, February 16, 2019.

  4. What are the benefits of the settlement?

    1. The parties have negotiated a settlement in the amount of $400,000.  If approved by the Court, class members will receive checks.  Plaintiff will also use the cash portion of the settlement amount to pay his attorneys’ fees, litigation costs, costs of class administration, and applicable taxes.  Plaintiff plans to request that the Court approve payment of $80,000 for attorneys’ fees; $6,100 for gross receipts tax, $2,056.25 for litigation costs; plus $17,317 to cover costs of administration.  Plaintiff will also request the Court to approve payment of a service award of $5,000 for Mr. Begaye.  The remaining $289,526.75 will be divided among class members, depending on their damages.  Every class member will receive at least a $20.00 check.  Those class members who were allegedly charged an illegally high pawn service charge will receive an additional amount for those damages.  Class members whose property was allegedly sold for more than was owed on the pawn loan, will also receive the amount of the surplus. Class members will receive other benefits.  Quick Cash has agreed to forgive any pawn loan still owing.  Class members who pawned property and did not redeem the property, that Quick Cash has not sold, will forfeit the property to Quick Cash.  Further, if Quick Cash has reported the loan to a class member’s credit report, Quick Cash will request that any information reported to any credit agency concerning these pawn loans, be deleted. 

  5. Do I have to go to Court?

    1. If you take part in the settlement and do not object to it, you do NOT have to appear at the hearing.

  6. Do I need to do anything to receive benefits from the settlement?

    1. IF YOU WISH TO TAKE PART IN THE SETTLEMENT, YOU DO NOT HAVE TO DO ANYTHING.  If you take part in the settlement, you will be bound by the settlement. You will receive the benefits described above.  However, it also means that you will release any claims you may have against Quick Cash relating to the transactions in this lawsuit.  Plaintiff’s attorneys represent you, but you will not need to pay the attorneys any money out of your pocket.  These attorneys will request that the Court award attorney fees and costs to be paid from the settlement proceeds.

  7. How do I update my address?

    1. Please notify the Settlement Administrator of any changes in your mailing address so that future correspondence will be sent to the correct address. 

      To update your mailing address, you can use the Update Address button at the top of this page. You will need your Notice ID and PIN. 

      A different option is to contact the Settlement Administrator via email at [email protected]. Please put ‘Change of Address’ in the subject line and provide your full name, previous address, current address, and the Notice ID from your notice in the body of the email. Alternatively, you can mail that information to: Begaye v 505 Quick Cash, c/o Settlement Administrator, PO Box 23678, Jacksonville, FL 32241.

  8. How do I submit a name change (Marriage/Divorce/Court Order Name Change)?

    1. A copy of your marriage license, divorce decree or court order is required for a name change.

      You can submit the documentation via email at [email protected]. In your email, put ‘Name Change’ in the subject line. In the body of the email, provide the Notice ID, original name, and address of the Class Member on the Notice you received. Also provide the new name, address and phone number that you would like on future correspondence.

      Alternatively, you can submit the required documents by mail to: Begaye v 505 Quick Cash, c/o Settlement Administrator, PO Box 23678, Jacksonville, FL 32241.

  9. What do I do if the Class Member is deceased?

    1. Two documents are required for a name change for a deceased Class Member. They are: 1) A Copy of the death certificate, and 2) Documentation providing evidence to show the new payee as legal beneficiary – this could be a will, estate documentation, etc. The documentation will be reviewed when received.  We may reach out to you with additional questions, if necessary.

      You can submit these documents via email at [email protected], put ‘Name Change’ in the subject line. In the body of the email, provide the Notice ID, original name and address of the Class Member on the Notice you received. Also provide the new name, address and phone number that you would like on future correspondence. 

      Alternatively, you can submit the required documents by mail to: Begaye v 505 Quick Cash, c/o Settlement Administrator, PO Box 23678, Jacksonville, FL 32241.

  10. How do I opt-out of the settlement?

    1. If you exclude yourself from the settlement, you will not receive any benefits, including any check or loan forgiveness.  You will not be bound by the settlement, and you will keep your individual right to sue Quick Cash on the claims raised in this litigation.  If you exclude yourself, you cannot also object to the settlement.  If you want to exclude yourself from the settlement, you must mail a request to be excluded in writing.  The request must contain: (a) your full name, address, and daytime telephone number; (b) an identification of this case by name and case number (shown at the top of the notice); (c) a statement that you want to be excluded from the class and the settlement; and (d) your signature.  You must, no later than August 11, 2026, mail your request to be excluded from the class to the class administrator, Begaye v 505 Quick Cash, PO Box 23678, Jacksonville, FL 32241.  If your request to be excluded is not postmarked on or before August 11, 2026, it will not be considered by the Court and you will remain a class member.

  11. How do I object to the settlement?

    1. You have the right to object to the proposed settlement, and also to the proposed relief to class members, the proposed award of attorneys’ fees, taxes, and costs, and the proposed service award.  If you object to the settlement, you must submit your objection in writing.  You must, no later than August 11, 2026, file your objection with the Second Judicial District Court, 400 Lomas Blvd. NW, Albuquerque, NM 87102 and also mail a copy of your objection to Plaintiff’s counsel, Susan Warren, Feferman, Warren & Mattison, 300 Central Ave SW, Ste. 2000 West, Albuquerque, NM 87102.  Any objection must include (a) your full name, address, and daytime telephone number; (b) an identification of this case by name and case number (shown at the top of the notice); (c) if you plan to appear through counsel, counsel’s name, address and phone number; (d) a detailed statement of the specific legal and factual bases for each and every objection, and, if through counsel, a legal memorandum in support of the objection; (e) a list of any witnesses, along with the expected testimony of each such witness, and photocopies of exhibits which the objector intends to introduce at the final approval hearing; and (f) your signature.  If your objection is not postmarked on or before August 11, 2026, it will not be considered by the Court.  IF YOU DO OBJECT, YOU ALSO MUST APPEAR AT THE HEARING ON SEPTEMBER 15, 2026.

  12. How do I get more information about the settlement?

    1. To learn more, go to: the Important Court Documents page of the case website.

      In order to see the complete file, you may contact the office of the Clerk of Court to make copies of the files relating to this lawsuit available for inspection and copying at your own expense.

      If you have questions you should contact the attorney or class administrator listed above.  DO NOT CONTACT THE CLERK OF THE COURT OR THE JUDGE WITH QUESTIONS.  They are not permitted to answer your questions.