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 Posted: Thu Mar 27, 2008 12:34 pm Subject: Ohio Payday Loan Next Step
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Okay, for the past year I have been going from one payday loan place to the next in order to pay off the previous payday loan. I sat abck and calculated that it has cost me close to $10,000 in interest for the past year. About a month ago, I made the decision to roll the dice and stop the payday loan mess. When my loan was due with Check-Smart, I called them and told them that I did not have the funds to pay them. I owe them a total of $722.00 and made them the offer of taking payments of roughly 1/4 each month until the loan was paid. They refused this and basically implied that I go out and borrow the funds to pay them back, and I refuse to do this. Of course the barrage of phone calls started to both my home and work and the Corporate office made their threats of having me arrested, reporting me to the credit bureau, taking me to court etc...and I in turn told them that I would be willing to make payments, but this turned into a game of them calling me names and trying to intimidate me. At this point, I have stopped answering their calls, and when they call me at work, I hang up on them. I realize that they will eventually take me to court, and report me to the credit burea, but even if they take me to court at the most they are going to only be able to garnish my wages which in fact works like a payment plan. ANyone see anything wrong with how I handled this situation? Anyone have any advice on what they would do? I can say one thing, a lot of tension has been released from my mind and body with not having to juggle the payday loans anymore.
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Ellamarie
Guest
Debtcc Points: 100
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Posted: Thu Mar 27, 2008 12:45 pm Subject:
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I think you handled it the only way that you could. Here are the garnishment laws for Ohio.
| Quote: | Ohio Wage Garnishment
Under O.R.C. §2716.02, any person seeking a post-judgment wage garnishment must send a written demand to the judgment debtor at least 15 days and not more than 45 days before seeking a garnishment order. Ordinary U.S. Mail with a certificate of mailing may serve through the court; by certified U .S. Mail, return receipt requested; or the demand. It must be sent to the judgment debtor's last known place of residence, and the demand must follow the form specified in this statute.
O.R.C. §§2716.03 and 2716.05 specify the format for the garnishment motion, order, and notice. O.R.C. §2716.03 further provides that there can be no wage garnishment if the debt is subject to a debt scheduling agreement through a debt counseling service, unless the debtor or the debt counseling service fails to make payment for 45 days after the payment due date.
Under O.R.C. §2716.04, the garnishment order is a continuous order, requiring the garnishee to withhold from the debtor's earnings each pay period until the judgment is paid in full. Up to 25% of the debtor's net disposable income may be garnished. However, this order may be interrupted by the filing of a garnishment by another judgment creditor, in which case:
1. The first garnishment order shall remain in effect for 182 days, if the subsequent garnishment is the same priority, or
2. The first garnishment order shall immediately cease to be in effect if the subsequent garnishment is a higher priority, such as a child support order or tax levy. |
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kashzan
Debt Samaritan
Joined: 11 Jul 2007
Posts: 5463
Debtcc Points: 38903
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Posted: Thu Mar 27, 2008 1:32 pm Subject:
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What county are you from in Ohio? I had a many loans out with them and Express Payroll. Once I decided I had enough of going into their stores biweekly I found a debt consolidation company who helped me. Checksmart made many threats and told me to reborrow to handle this. I had enough and I said I wouldn't do it that way anymore. So, long story short, after many phone calls from corp and corp "lawyers", they took me to check mediation in Franklin County. Basically all what it is, you sit with a rep from the courthouse and one from checksmart and come up with a repayment plan. I was able to negotiate to repay them in 6 monthly payments. Now, if the corp collections only did this at the start, we could have save both of us time. It’s been a while since I been to mediation and can't say they still use it. But, their "next step" was really nothing. They did fax verification to my work, and I had to explain it to my HR. But you will come to agreement with them that you been trying to do over the phone.
Also, if you click on my name, you can see my post from the past (I think you can). I have many post about Checksmart and the process I went through.
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Ryan_N
Joined: 02 Apr 2007
Posts: 280
Debtcc Points: 4427
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Shazzers
Moderator
Joined: 05 Dec 2007
Posts: 3682
Debtcc Points: 24399
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Posted: Thu Mar 27, 2008 8:24 pm Subject:
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I had an account with checksmart and paid them off in 4 payments. I had to make arrnagements to make payments at least one day before loan was due. They are members of CFSA. I don't know why they didn't accommodate you. I live in Ohio also.
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bjpetersen2
Joined: 09 Nov 2007
Posts: 71
Debtcc Points: 1473
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Posted: Fri Mar 28, 2008 3:53 am Subject:
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Lucky Check Mediation is free in Franklin County. You see no judge or any extra fees added on.
They didn't accommodate because the check already came back as NSF.
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Ryan_N
Joined: 02 Apr 2007
Posts: 280
Debtcc Points: 4427
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Posted: Fri Mar 28, 2008 4:48 am Subject:
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BJ, you can only get the eppp if you have not defaulted on your loan.
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kashzan
Debt Samaritan
Joined: 11 Jul 2007
Posts: 5463
Debtcc Points: 38903
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