Friday, November 6, 2009

Can you be arrested for non payment of a payday loan?

No. Depending on the company they can sue you and take you to court or send it to a collection agency. Either way, it will mess up your credit.

Can you be arrested for non payment of a payday loan?
lol, no, you'll just get harrassed by a collection agency eventually. Most of the time, the actual contract you sign makes a provision telling you what to do if you can't pay. It's probably making you go to credit counseling, but you have to notify them that you can't pay within a certain amount of time. Read the contract you signed.
Reply:No, but they can sue you and it can go on your credit report if you lose in court.
Reply:Yes. It's stealing from a company.
Reply:those things are like loan sharks. stay away from them from now on.
Reply:No. They can sue you and win a judgment to garnish wages. They will harass you. They will kill your credit. They can not have you arrested.
Reply:[The information you obtain here is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.]





If the debtors were accurate and honest in the application and took on the debt with the intention to pay, they break no criminal law by not paying the loan back.





That doesn't mean you can't end up in jail over an unpaid debt.





If you incur the debt with no intention of paying, then Beverly S's somewhat breathless statement about "stealing from a company" is actually true. That can be difficult to prove, although a payday loan company might have an easier time doing so. Payday loans have to be paid in full in a short amount of time. It's a lot harder to claim honestly that something unforeseen happened over a few weeks than it is over the life of a mortgage.





If you make false statements on the application, you may run afoul of many federal and state laws, most of which have the word "fraud" in them. This is true even if you make your payments. If you don't pay, your lender may look over your application with a microscope. Federal law prohibits a creditor from threatening criminal charges over an unpaid debt, but nothing prevents it from sending your file off to law enforcement for investigation.





If a creditor can show you took on the debt with the intention of running it through bankruptcy, that's bankruptcy fraud. At best, expect your bankruptcy filing to be denied. At worst, expect a call from the F.B.I.





If you catch any hint that criminal charges are being considered against you, contact an attorney specializing in criminal law IMMEDIATELY. Local, state, and federal laws -- on pretty much any subject -- are complex, and ignorance of the law will almost never protect you.





p.s. I don't know what to make of the "warrants" Crystal M mentions. If they are genuine arrest warrants, her friend has the cosmically good luck to find LEO's ("cops") who aren't doing their duty. More likely (but this is a guess), there are judgements filed against her friend, which might show up on a warrant check but aren't in the same category.
Reply:Well I have a friend that did one of those pay day loans she now has warrants but everytime they stop her they never arrest her they just tell her she needs to take care of it so I guess no.

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