Legal Question in Credit and Debt Law in Ohio

I owe a payday loan from 2012. I recently contacted the third party that has it and they refuse to accept a check or money order. They will only accept credit or debit cards over the phone or online. Is this safe? Can they sue me from out of state? I live in Ohio.


Asked on 1/05/16, 2:30 pm

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

In Ohio, unless there is a clause in the original contract you signed to obtain the loan that allows the creditor to demand payment in these limited fashions, then your creditor does not have the right to refuse payment by certified funds like a money order or a cashier's check.

But you need to document these events. If you are communicating in writing with the creditor, then keep the letters the creditor sends you demanding payment via these credit cards. If you are communicating by email, save the emails. If you are communicating orally, then start recording your conversations with the creditor.

As you communicate with the creditor, ask them to identify where it is in the contract you originally signed that allows them to limit your payment options. Keep their answer for evidence.

If they do sue you in Ohio for the amount due, you can show the court that you had made an offer to pay and that it had been unjustly refused. That will likely cut off the creditor's rights to any interest on the loan for periods of time after the creditor unjustly refused payment.

Read more
Answered on 1/05/16, 6:19 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Ohio