Legal Question in Credit and Debt Law in Georgia

can you be criminal prosecuted for not paying a payday loan?


Asked on 1/23/12, 1:55 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

No, but they can sue you and then go after your paycheck, bank account and so on.

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Answered on 1/23/12, 2:53 pm

Anything is possible. Is it likely? No. To succeed, criminal intent must be shown. Chances are that you took out the loan and intended to repay it, but they charged exorbitant fees and you already probably repaid the loan many times over. If these are similar to the facts in your case, then there is no criminal intent.

Attorney Ashman is correct that you could always be sued civilly by the payday lender or a junk debt buyer who buys the debt. And, if the lender or debt buyer gets a judgment against you, they can garnish your pay.

Before we jump to conclusions, however, I know nothing about your situation, your assets and your other debts or even how much is alleged that you owe. I do know that if you took out a payday loan, chances are that you don't have a lot of assets or options. If that is the case, there probably is not too much that a creditor could get even if they sued you.

While I can't speak for all payday lenders, in my experience, they are overseas or anywhere but in Georgia. That means that they must come to Georgia to sue you or get a Georgia lawyer. if we are talking about a few hundred dollars, it is not going to be cost-effective for them to come over here from India or whatever overseas place they are in.

So as a practical matter, they can harass you all day long and try to collect the debt, but it is very unlikely that you will be sued over it.

When you get served with a complaint or get written correspondence from a Georgia-licensed attorney, you can worry about it. If you just get calls from the Indian version of Capital One's "Peggy" who you can't even understand, then don't.

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Answered on 1/23/12, 8:58 pm


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