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N Cal Attorney
N Cal Attorney, Attorney
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what is the statue of limitations on a bounced check at a Advance

Resolved Question:

what is the statue of limitations on a bounced check at a Advance Payroll loan company in Ohio? Is it a felony offense? This was 10 years ago and I was making $50.00 payments as I could and than the closed down'
Submitted: 4 years ago.
Category: Business Law
Expert:  N Cal Attorney replied 4 years ago.
Did they have a judgment against you?

How large was the check that bounced?
Customer: replied 4 years ago.
no judgement this is the first I have been contacted. It was a payday loan through national cash adavance, I think it was $345.
Expert:  N Cal Attorney replied 4 years ago.
If there was a written contract the statute of limitations is 15 years, according to
http://law.findlaw.com/state-laws/civil-statute-of-limitations/ohio/

I have to assume there must have been a written agreement on a payday loan, so it looks like the debt is still owed.

But given the fact that you made partial payments until they made it impossible to keep paying by vanishing, I would ask them to waive the last 10 years of interest charges.

Based on
http://law.findlaw.com/state-laws/criminal-statute-of-limitations/ohio/
my opinion is that the criminal statute of limitations expired at least 4 years ago.

I hope this information is helpful.
Customer: replied 4 years ago.
wouldn't they have to have the check in possession in order to collect? Do I have the right to as for a copy of the agreement before paying it? They did offer to settle of $240. I found out the statue of limitations by google the other day and seen that it was 15 years and criminal law did not apply for payday loans because of it being post dated. With the payments I have made I still owed $145.00, and the would not accept that offer. What could happen if I chose not to pay them what they want?
Expert:  N Cal Attorney replied 4 years ago.
They can sue you, but would have to produce proof of the debt.
Customer: replied 4 years ago.

I swear I am almost done lol... Going back to the last question, do I have a right to recieve proof of the debt they claim to have? If i request proof, do they have to send it to me? If they can not produce proof of debt, do I then have to pay it? Last but not least, since they made it impossible for me to pay them by closing down, wouldn't I still be only liable for the $145 and not the full amount? With that said, to be able to collect the debt wouldn't they need to produce the original post dated check that they had onfile at that time? If it is at the point that I do have to pay this wouldn't I want to request that they give back the contract and post dated check, that is if they actually have them?

 

Thanks for getting back so quickly, I believe this is the last of the questions I have at this point. Even though it is not looking good in my favor I do feel better knowing that I am not just going in blind and just settling with out knowing my rights and what I am obligated to.

 

Expert:  N Cal Attorney replied 4 years ago.
They have the burden of proving the debt so my answer is Yes you can demand a copy of the paperwork that they claim shows that you owe them money.

I do not think a creditor can claim any interest after the debtor has tendered payment. If you went to pay and their office was closed up permanently I think they should settle for the $145 they would have gotten years ago if they had not closed up shop.
N Cal Attorney, Attorney
Category: Business Law
Satisfied Customers: 8153
Experience: Since 1983
N Cal Attorney and 10 other Business Law Specialists are ready to help you
Customer: replied 4 years ago.

I am sorry it did not accept your answer right away I have been busy and forgot. Thank you for your help and quick response.

Expert:  N Cal Attorney replied 4 years ago.
Thank you for accepting my answer, and for the bonus-

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