Legal Question in Credit and Debt Law in California

payday loan check fraud?

Will I be at risk for jail if I had not paid for a payday loan of 420.00?


Asked on 12/04/08, 5:28 pm

3 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: payday loan check fraud?

There is no "debtor's prison" in the US, so no, you won't go to jail. Be aware that the payday loan business is notoriously aggressive with their collection tactics, and at the high interest rate you agreed to pay, you will end up owing them a fortune if you don't pay it, but you will not go to jail.

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Answered on 12/04/08, 6:22 pm
Bryan C. Becker Your Lawyer for Life.

Re: payday loan check fraud?

Mr. Gibbs is correct. In addition, your question begs the question, did a collector threaten you will jail if you did not pay? If so, that is a violation of the FDCPA (be sure to google, FDCPA) and your would be entitled to recover up to $1000, plus attorneys fees.

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Answered on 12/04/08, 7:38 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: payday loan check fraud?

Failing to pay a loan is not criminal. So if that's the extent of your question, then no you wont go to jail for failing to repay a loan.

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Answered on 12/06/08, 1:57 pm


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