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Help needed in Ohio

Date: Tue, 06/26/2007 - 18:28

Submitted by naderj
on Tue, 06/26/2007 - 18:28

Posts: 7 Credits: [Donate]

Total Replies: 29


Can someone with experience please tell me the general laws in my state? I've already seen that Payday Loan Consumer site but half the stuff is left blank in terms of Repayment Plans, if criminal action is allowed, etc.

I also need to know about how to get Checksmart, and First American Cash Advance to NOT call me at work, or call my references for that matter. Are Pay Day company's bound by the Fair Debt Collection Act? In otherwards, if I tell them that they are to refrain from ever calling me again, must they abide? What do I do if they still continue?

Someone please help me out on this...

Nate


Check out the AG site for more information or paydayloaninfo.org. They are not bound by the fdcpa since they are not third party collectors. This is unfortunate but you can write them and tell them not to contact you at work or your references. I've heard of storefronts contacting references in Ohio in order to track someone down. I never defaulted with storefronts, mine were all internet loans. You will want to contact the storefront lenders to make payment arrangements with them. Do you have any internet loans that are outstanding?


lrhall41

Submitted by Cow & Chicken on Tue, 06/26/2007 - 18:36

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Hi naderj, I am in Ohio also. Here are the Payday loan laws for Ohio(just select your state),

http://www.debtconsolidationcare.com/paydayloan/explain-pdls-laws.html

No, they cannot take criminal action against you. There are TONS of us on here from Ohio and none of us have gone to jail over a defaulted pdl. All you have to do about the phone calls at work are tell them not to call you at work. Once you tell them that, they are no longer allowed to do so. I do not know how to get them to stop calling your references. The only way I got them to stop doing that was to call the companies myself before it got to that point. Since they are not 3rd party collectors, they are not bound by the fdcpa but I still think it is illegal for them to share your personal business with your references. You ARE entitled to a repayment plan so the best thing to do with the storefronts is to approach them with a payment plan that you can afford and stick to it. I am sure others will be along with more input. Good luck and let us know what we can do to help. :)


lrhall41

Submitted by Sassnlucy on Tue, 06/26/2007 - 18:39

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In all honesty, the first thing I would do is close your bank account so they can't cash any of those checks. Then, approach them with a payment plan that you can afford. I was in that same trap before and dealt with Advance America and First National Cash Advance. Let me give you a heads up with First National.....my checks to them were returned so they called me and I told them I would be in on a specific date to pay them. Well I went in and paid them and they were done. Well guess what, a week or so later, they electronically debited the money from my account!!!!!!!! Apparently the "home office" processed it before I paid them off. I had to fight with them for at least 2 weeks till I could finally get that money back so watch out for them.


lrhall41

Submitted by Sassnlucy on Tue, 06/26/2007 - 18:46

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Ohio payday loan laws require the lender to allow you a repayment plan if you default. Contact them, tell them what you can payback each payperiod. Of course they are going to say no, but stick to your guns, and do not promise to pay back more than you can afford at one time. As far as payday loans go, you don't have to many and you should be able to get out of this situation in a short time period.Remember, if you make a plan with them, stick to it, storefronts will take you to civil court.


lrhall41

Submitted by WHEREAMI? on Tue, 06/26/2007 - 19:20

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I was told by a woman in the Division of Financial services to go into the store and pay them what you can. If you call Checksmart they will give you a hard time. One witch just started screaming at me when I told her what the Division of Financial Institutions told me. Pay them what you can because they will take you to court, call you at work, fax a paper to your job. They are a major pain in the butt. Checksmart was probably the most difficult to deal with. I made payment arrangements with other store fronts and they were much easier to deal with.


lrhall41

Submitted by slw531 on Wed, 06/27/2007 - 07:55

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OMG Free Pizza and Videos. They know they are going down. LOL KYSIDE38


lrhall41

Submitted by KYSIDE38 on Wed, 06/27/2007 - 09:01

( Posts: 2477 | Credits: )


Quote:

No, they cannot take criminal action against you


I'm in OH also and I just recently filed a Ch 13 BK. Nine times out of ten, it is only a civil matter, but my BK attorney did inform me that storefronts can take criminal action, such as "passing bad checks," if they can prove criminal intent. I was dealing with Checksmart also, and the collector that was always harassing me was a serious a$$hole. I was supposed to go to a court mediation with Checksmart to settle the debt, but my attorney advised me that there was no need b/c they were gonna be included in my BK.


lrhall41

Submitted by brownsugar on Sat, 06/30/2007 - 14:54

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I'm really glad I found this information I too live in Ohio and I too am in this same boat. I'm freaking out trying to figure out what to do. So, if I close my checking account what can the bank do when those check bounce after the account is close, can the bank still charge me fees? And you guys are sure they have to take payments right? Thanks Reny


lrhall41

Submitted by on Mon, 10/29/2007 - 17:16

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