The basic loan process involves a lender providing a short-term unsecured loan to be repaid at the borrower's next payday. Typically, some verification of employment or income is involved (via pay stubs and bank statements), although according to one source, some payday lenders do not verify income or run credit checks. Individual companies and franchises have their own underwriting criteria.
Here’s how they work: A borrower writes a personal check payable to the lender for the amount the person wants to borrow, plus the fee they must pay for borrowing. The company gives the borrower the amount of the check less the fee, and agrees to hold the check until the loan is due, usually the borrower’s next payday. Or, with the borrower’s permission, the company deposits the amount borrowed — less the fee — into the borrower’s checking account electronically. The loan amount is due to be debited the next payday. The fees on these loans can be a percentage of the face value of the check — or they can be based on increments of money borrowed: say, a fee for every $50 or $100 borrowed. The borrower is charged new fees each time the same loan is extended or “rolled over.”
Payday loans should be used for short-term financial needs only and not as a long-term financial solution. Any advance of money obtained through a payday loan is not intended to meet long-term financial needs. A payday loan should only be used to meet immediate short-term cash needs. Refinancing a payday loan rather than paying the debt in full when due will require the payment of additional charges. Customers with credit difficulties should seek credit counseling before entering into any payday loan transaction.
Under Ohio law, a Credit Service Organization is an organization that, among other things, helps consumers find loans. There is no cap on the fee that the Credit Service Organization may charge for its services. In the standard payday lending contract, you agree that you are hiring a Credit Service Organization to "find" the loan for you, and that the payday lender is "accepting" your payment to the Credit Service Organization.
However, in practice your sentiment is not uncommon. It's a common paradox in market capitalism that the less able a person is to afford to borrow money, the more we expect them to pay. The reason's obvious; interest is a risk-reward game, and lending money to someone with no history or a bad history with credit is a risky action. The high interest is also meant to discourage borrowing by making it unappealing, but when you're a lender of last resort, it's your business to say "yes" when everyone else they've gone to has said "no", and when you're looking for a payday loan, it's because your options are even less appealing (bankruptcy, eviction, repossession, legal consequences, etc).
In 2006, the North Carolina Department of Justice announced the state had negotiated agreements with all the payday lenders operating in the state. The state contended that the practice of funding payday loans through banks chartered in other states illegally circumvents North Carolina law. Under the terms of the agreement, the last three lenders will stop making new loans, will collect only principal on existing loans and will pay $700,000 to non-profit organizations for relief.
Bad credit payday loans can be defined as the loans that are specifically designed for the people with bad credit in the similar way as conventional bank loans. Collateral used for securing payday loans are funds from the borrower’s next paycheck. Once the borrower completes the loan application, the loan provider will check if the borrower has a permanent job with the same employer for a minimum of 6 months before he applies for the payday loan. The lender will also verify if he has an active checking account. Like a conventional loan, the payday loan amount is partially determined on the basis of the borrower’s monthly income and his relationship with the lender, if he has taken out a loan from the same lender before. Payday loans are generally offered without a credit check and so such loans are often called as bad credit payday loans. They are sometimes also called as ‘cash advance loans’ or ‘cash store loans’.
A licensee may charge the customer a service fee for each deferred presentment service transaction. A service fee is earned by the licensee on the date of the transaction and is not interest. A licensee may charge both of the following as part of the service fee, as applicable: (a) An amount that does not exceed the aggregate of the following, as applicable: (i) 15 percent of the first $100 of the deferred presentment service transaction. (ii) 14 percent of the second $100 of the deferred presentment service transaction. (iii) 13 percent of the third $100 of the deferred presentment service transaction. (iv) 12 percent of the fourth $100 of the deferred presentment service transaction. (v) 11 percent of the fifth $100 of the deferred presentment service transaction. (vi) 11 percent of the sixth $100 of the deferred presentment service transaction. (b) The amount of any database verification fee allowed under §34(5).