Questions regarding OH Laws for PDLs (please please read!)

Welcome to the forum Mysty. I am from Ohio also, actually there a quite a few fo us here. You don't have to feel emarassed or ashamed - I know exactly how you feel - I have some of the same pdls that you have plus many internet ones and I hav edefaulted on them - I also had my bank account closed due to being terribly overdrawn. Now I have to tell you that I not well versed in the laws here in the state, but I know that someone will answer your questions shortly. First take a deep breath and know that you are in good company. This is the right place for information - everyone on this fourm has either been were you are or they are like me slowly getting out of this mess.

Irish51cc, have you had to face criminal prosecution? For some reason, I can't seem to get an answer to that. I'm not trying to avoid the mistake I've made, I just want to know if anyone's ever gone to jail for default on these loans here in Ohio, or does Ohio not put people in jail? I didn't set out to get in such a mess, it wasn't intentional nor planned. It just snow-balled when illness, car trouble, and Identity Theft hit me, and I couldn't keep up with my other bills. I had to get extra money from somewhere to pay my bills, and I made the mistake of using the PDLs. I wish I never did that.

That was me that posted the above message; I've posted it again with my name attached this time - sorry for the mistake.


Irish51cc, have you had to face criminal prosecution? For some reason, I can't seem to get an answer to that. I'm not trying to avoid the mistake I've made, I just want to know if anyone's ever gone to jail for default on these loans here in Ohio, or does Ohio not put people in jail? I didn't set out to get in such a mess, it wasn't intentional nor planned. It just snow-balled when illness, car trouble, and Identity Theft hit me, and I couldn't keep up with my other bills. I had to get extra money from somewhere to pay my bills, and I made the mistake of using the PDLs. I wish I never did that.

I have had some of the same storefront pdls that you have. Have you tried talking to the storefronts to explain your situation and see if they can possibly set up payment arrangements. They will probably tell you that they have to deposit the check first, and then when it comes back NSF, possibly payment arrangements can be made.

To tell you the truth, alot of storefronts don't even ask if you have other outstanding loans, b/c they want to make their money also. I have been told that storefronts can file charges for "passing a bad check," if they can prove criminal intent, such as closing your account before they deposit it or putting a stop payment on the check. I know you will rake up NSF fees with your bank, but just to be on the safe side so they can't prove criminal intent, just let the checks return NSF to the storefronts and then try to set up payment arrangements. Most of the time, if a storefront takes you to court, it is a civil matter, meaning they were awarded a judgement against you and they can garnish your wages.

No Mysty - I haven't faced being sent to jail. But as Bownsugar stated - in order for that to happen the pdls would have to prove intent. It seems to me that I read somewhere in one of these threads that the pdls take your check, knowing that you don't have the cash at the time, and they are taking a post dated check and you have every intention of paying it back. So unless, like Brownsuger pointed out, they can only file civil charges and garnish your wages.

Misty, I believe that the Ohio law is referring to having one loan out per lender. No lender is allowed to provide more than one advance at a time and no rollovers are permitted in the state of Ohio.

The acceptance of a bad check by a lender is just that. They know that the funds are not available at the time of the transaction. Also, no criminal action is pursuable. It is a civil issue. The worst that you face is garnishment.

Also, four of the lenders you listed have a teletrak type verification system which allows them to see whether you have ever defaulted on a payday advance or rent-to-own contract and also if you have been run at any other cash advance location. I used to work for National Cash Advance (a subsidiary of Advance America) and we ran a teletrak on all of our customers. If it came back that you had been run through Check into Cash or Payday Advance or whoever else is out there, we were required to check w/ those companies to see if you had a current loan w/ them. Our company rule was that we could not be the third lender to any person. If these other companies ran that check and ignored outstanding loans, then they have broken their own rules by ignoring the information they received. You should be able to ask each of them to see the teletrak report they ran on you.

Misty, I believe that the Ohio law is referring to having one loan out per lender. No lender is allowed to provide more than one advance at a time and no rollovers are permitted in the state of Ohio.

The acceptance of a bad check by a lender is just that. They know that the funds are not available at the time of the transaction. Also, no criminal action is pursuable. It is a civil issue. The worst that you face is garnishment.

Also, four of the lenders you listed have a teletrak type verification system which allows them to see whether you have ever defaulted on a payday advance or rent-to-own contract and also if you have been run at any other cash advance location. I used to work for National Cash Advance (a subsidiary of Advance America) and we ran a teletrak on all of our customers. If it came back that you had been run through Check into Cash or Payday Advance or whoever else is out there, we were required to check w/ those companies to see if you had a current loan w/ them. Our company rule was that we could not be the third lender to any person. If these other companies ran that check and ignored outstanding loans, then they have broken their own rules by ignoring the information they received. You should be able to ask each of them to see the teletrak report they ran on you.