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storefront pdl

Date: Wed, 07/07/2010 - 10:24

Submitted by anonymous
on Wed, 07/07/2010 - 10:24

Posts: 202330 Credits: [Donate]

Total Replies: 8


I live in PA and have a storefront pdl with CheckSmart in Ohio. My loan is due on July15th.
I won't have the money to pay this I just closed my bank account because of online pdls.
I will be able to pay them next month(I get paid monthly)Will they let me do this or am I
in trouble. Does anyone have any info? I would appreciate any help.


Payday loans are illegal in PA so you might be able to get away with only paying the principal to your storefront lender and your internet lender.

One problem you will face is that the payday lenders (both internet and storefront) might claim in a court of law that you had reason to know that payday lending was illegal in PA and took out these loans in spite of that. If a court in PA agrees with this then you could end up owing the interest.

I am not saying that you did this, but this is a possible claim your creditors could make, so I feel it is important to make you aware of it so you can be prepared if they do. My advice is to call your lenders up and do your best to negotiate a settlement or a new payment plan. Unfortunately I do not know of any creditors who will allow you to change the way they are paid without their agreement (in writing).


lrhall41

Submitted by OVLG Attorney on Wed, 07/07/2010 - 10:40

( Posts: 511 | Credits: )


The regulations for a storefront pertain to where the store is located and not where the customer lives. If the OP crossed statelines to get a loan, they are then bound by the laws/regulations of Ohio. The only exception that I am aware of is in West Virginia, where they will not allow a PDL company to collect debts inside of WV.

As for CheckSmart, the OP needs to determine if this is a PDL or a small loan as there are different regulations for each type of loan. If CheckSmart should go to small claims, it would be in Ohio and not PA since the storefront is in OH.


lrhall41

Submitted by PDLOwner on Wed, 07/07/2010 - 11:21

( Posts: 1049 | Credits: )


That is incorrect. Federal civil procedure statute and the US Constitution require that a person be sued in the state in which they reside with the intent to remain. Therefore, the lender would have to sue the OP in PA, and if you are correct and the OP is bound by Ohio law, the court in PA would simply apply Ohio law. It's done all the time.


lrhall41

Submitted by OVLG Attorney on Wed, 07/07/2010 - 11:41

( Posts: 511 | Credits: )


Quote:

Originally Posted by OVLG Attorney
That is incorrect. Federal civil procedure statute and the US Constitution require that a person be sued in the state in which they reside with the intent to remain. Therefore, the lender would have to sue the OP in PA, and if you are correct and the OP is bound by Ohio law, the court in PA would simply apply Ohio law. It's done all the time.


If you say so...

I operate in border states and know how it was handled. You had to have a third party server, but the small claims case was handled in the county of the storefront.


lrhall41

Submitted by PDLOwner on Wed, 07/07/2010 - 14:00

( Posts: 1049 | Credits: )