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PDL in OH

Date: Fri, 01/05/2007 - 17:09

Submitted by anonymous
on Fri, 01/05/2007 - 17:09

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Total Replies: 18


Im from OH can they take you to jail for a paydays loans you cannot pay because you dont have any source of income?


When I consulted with a Ch 13 BK attorney, he told me that it is very rare that a storefront will bring criminal charges, it is usually civil, but if they can prove criminal intent, such as putting a stop payment on the check, or closing your account, they can get you for "passing a bad check."


lrhall41

Submitted by brownsugar on Fri, 01/05/2007 - 18:05

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Yes, that is true, and if a storefront really wanted to they could pursue charges. So it is always best to be cautious and work out something with the storefronts. That is why they threaten the jail thing, I think they know majority of people didn't intentionally default but there are those out there who go from to another and then default as soon as they get the money and knew they would never pay it back.


lrhall41

Submitted by WHEREAMI? on Fri, 01/05/2007 - 18:11

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I had a IPDL ach my account and I don't have a clue who it is. Fast Cash 321 - I talked to my bank and they entered a dispute to get some facts. Since this is in dispute, can they file charges against me, whoever they are?


lrhall41

Submitted by on Sat, 01/06/2007 - 13:41

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I live in WV and wrote a check cashing place. My checking account was closed by my bank because of no usage. Can the check cashing place file charges or just send it to a collection agency?


lrhall41

Submitted by on Tue, 03/06/2007 - 12:26

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What exactly does "check kiting" mean? Thanks!


lrhall41

Submitted by on Tue, 03/06/2007 - 16:27

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There are several schemes involved with check kiting. They are:

Circular kiting: Involves the use of two accounts at different banks. The kiter on one day writes a check to oneself from Bank A to Bank B (this check is referred to as the kite), so funds become available that day at Bank B sufficient for all checks due to clear. On the following business day, the kiter writes a check on his/her Bank B account to him/herself and deposits it into his/her account at Bank A to provide artificial funds allowing the check s/he wrote a day earlier, plus all others due, to clear. This cycle repeats until the offender is caught, or until the offender deposits genuine funds, thereby eliminating the need to kite.

Similar versions of this scheme involve two separate people constantly writing checks to one another, or a group of individuals writing checks to one another in a circular fashion, thereby making detection more difficult. Some kiting rings involve offenders posing as large businesses, thereby masking their activity as normal business transactions and waiving the limit of funds made available.

Circular kiting is often used by individuals or small businesses with little or no money attempting to obtain a secret emergency loan, or business owners financing their operations by obtaining interest free loans. It has also been used by those who have some fund in interest-bearing accounts, but who artifically inflate their balances in order to increase the interest by their banks.

Hit-and-run kiting:The kiter deposits a check one time that she/he knows is bad or possibly fictitious into his/her account. When the bank considers the funds available (usually on the next business day), but before the bank is informed the check is bad, the kiter then withdraws the funds in cash. The kiter knows the check will bounce, and the resulting account will have negative funds, but the offender will abandon the account and take the cash.

Retail kiting: An accountholder who does not have funds for checks that have already been written to clear that day will write one or more checks to a place of retail (usually a supermarket) that will offer cash back in addition to the amount of a purchase as a courtesy to their customers. The kiter will then deposit the cash received back into his/her bank account on the same day in order to provide sufficient funds for checks to clear that day, while the check written for cash back will clear one or more business days later. This is often repeated as much as is necessary until legitimate funds can be deposited into the account.

Another version of this scheme is to purchase an item from a place of retail with a check, and return it the same day for a cash refund, then to deposit the cash into one's checking account. This is more difficult these days, as more places of retail will delay a refund on purchases made by check.


lrhall41

Submitted by goudah2424 on Tue, 03/06/2007 - 17:02

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I have several storefront PDLs, but I've never defaulted on them. But if I ever did, although it wouldn't be intentional, does that mean I could be facing jail time? I'm not one of those who just gets a PDL knowing that I can't ever pay it back. I just unforunately got caught in a rut when financial problems due to illness, car trouble started happening, thus causing me problems with paying my creditors. I ended up borrowing from several storefront PDLs to make ends meet. Does that mean in OH, I can go to jail if I default? Have I done check kiting, and even know I was doing it? OMG, I had no idea. I'm so upset. ***crying now***


lrhall41

Submitted by on Tue, 03/06/2007 - 17:52

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I meant to say, "and not even know it". I made a mistake in typing. I'd never even heard of this before, and that wasn't what I was doing. I was just trying to pay my bills, and got caught in the multiple storefront PDLs nightmare. I want out, but it looks mighty dim if the companies may not work with me on extended repayment plans. ***still crying*** I didn't mean to get myself in such a nightmare.


lrhall41

Submitted by on Tue, 03/06/2007 - 18:03

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