With so many people trying to make ends meet and living from paycheck-to-paycheck, payday loan companies have popped up on every corner to take advantage of individuals in desperate need to keep the lights on until their next paycheck. Unfortunately, these payday loans can be very costly, with enormous interest rates and fees attached, not to mention the emotional cost of being threatened with legal action if you can’t pay the loan back on time! That’s why one question bankruptcy attorneys often hear from worried clients is “If I don’t pay my payday loan, will I go to jail?”
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Why Failing To Pay a Payday Loan Is Not a Crime
A payday loan is a debt and you have a civil obligation to pay that debt; however, it does not constitute a crime if you fail to repay it. In order to be a crime, you must tender a fraudulent check, meaning that you know the check is no good at the time it is written but the recipient is relying on the fact that the check is good. Because the payday loan company knows that the check they are accepting is not good, you have not committed fraud. To prove fraud, the payday loan company must prove that you gave them the check with no intention to pay them back and that you knew the money would not be in the bank when the payday loan company deposits the check.
Since the payday loan company knew the check they were taking was no good at the time they accepted it and they have no real evidence that the money would not be in the bank at the time they tendered the check for payment, the payday loan company can only use civil remedies to collect the debt. Many payday loan companies may threaten criminal action, but the truth is that the most that they can do is file a civil lawsuit to collect the debt, and you cannot be put in jail for failing to pay a civil judgment.
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Schedule a Free Consultation with an Experienced South Jersey Bankruptcy Attorney
Stop payday loan collections and eliminate your debt by filing for bankruptcy relief. We understand how stressful it is to have debt collectors harassing you by telephone, mail, or even in person over a payday loan. We can explain in more detail how filing a bankruptcy can stop collection efforts while getting rid of the debt forever. By helping you choose the right bankruptcy chapter for your financial situation, we can ensure you get a fresh start while protecting your interests.
Travis J. Richards and his staff are here to assist you with your financial problems. We focus our services on bankruptcy, debt consolidation, and credit repair. We offer free bankruptcy consultations during normal business hours as well as on weekends and after-hours.
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