Question

Can you really be arrested for not paying back a payday loan?

It personally seems like you can't to me simply because I didn't forge or even write a check. I gave all my correct info including my bank info. I simply don't think I am going to be able to pay it back in a timely matter. It seems like a regular loan to me, and I have never heard of anyone getting arrested for not repaying a loan. Maybe a judgement against you but not arrested. Anyone have any ifo that would be helpful??

6 years ago - 16 answers

Best Answer

Chosen by Asker

Yes. You have to give your correct info because they verify it before they give you money. Since you are writing a check, yes, you can be arrested. The check would bounce, and when ANY check bounces you can be arrested. Generally, if you've never bounced a check before, they'll send you to some weird class about bouncing checks. If you keep on bouncing checks, you will go to jail. It's considered stealing. If the company doesn't press charges, you won't get arrested. I guess it depends on how the person in charge of pressing charges is feeling that day.
Regular loans are different, they get sent to collections agencies.

Source(s):

6 years ago

Other Answers

I'm curious. Who told you you could be arrested?

You can't if you gave honest info.
The interest rates on payday loans are criminal though.
Some of the collection notices I get for my employees are 975%!
It should be illegal

by vareeabull - 6 years ago

Only if u don't pay it 4 a while

by RandomPerson - 6 years ago

I have never used a payday loan ( predatory lending ) but, you cannot go to jail in the US for debt..you can be sued though.

by mary z - 6 years ago

I think they might let u set up a different payment arrangement. But be careful the interest gets really high.

by daniellejaramillo@ymail.com - 6 years ago

nah, they can take you to court though, and if you miss the court date you will be arrested for failure to appear in court. Debt collectors will not tell you you have a court date either, so make sure you check your mail until you get it.

by thepeng - 6 years ago

you won't be arrested, but interest fees and penalties will accumulate to astronomical levels, then they will sell the debt to a collections agency which will sue you and garnish your wages.

by SmartA$$ - 6 years ago

Police don't get involved in that kind of thing. You could be sent to collections, which is a huge black mark on your credit report and would keep you from doing things like, refinancing, buying a car or anything big, can't get credit card approvals and you could be charged late fees. Of course if it was a loan shark you borrowed from his goonies could come after you and break your fingers or something... But no, you won't get arrested.

by Lainey - 6 years ago

1: Yes, you can get arrested for not paying back a loan if they sue and then you miss the court date.
2: If you violate the terms of the loan, they can access TONS AND TONS of fee's, fine's, and they will up your interest rate more then you even thought possible.

If you don't pay them back A.S.A.P. they will end up quadrupling your debt...

by ☺☻☺☻☺☻☺☻☺☻ - 6 years ago

Dude you get reported to a collection agency after a length of time and they try to get the money from you. It would be in your best interest to just explain to the people you owe money to that money is tight and you'll pay what you can. I'm sure they'll work out an arraignment for you. If you goes to a collection agency it will go on your credit and it will follow you for years. Believe me its a head ache.

by Albert C - 6 years ago

No not that I know of but then again it may depend on the state your in and all....why did they arrest or threaten to arrest you? .my ex got a payday loan and never repaid it and nothing happened to him I wish they did arrest him to get another dog off the streets but oh well......sorry lost it there for a second.....if you cannot pay it back talk to them and pay the fee they have to extend the loan that is how they make there money you know~

by Cherishalatina - 6 years ago

no

by saygdaydave - 6 years ago

you usually have to give the company a postdated check in order to get money. make payments to them. it may not be what you originally agreed to pay but better to pay them back all the money you got from them. it can be treated as a bad check charge. if not paid back could result in your arrest within several yrs if you dont pay back the money.

by k2t3 - 6 years ago

I was the regional manager of a check cashing payday advance store, and I can assure you there are no precautions to not paying it back. The only thing they can do is stalk you and your references until you cave. They can't even send it into collections, check the law!

by boogatt66 - 6 years ago

So many people giving you so many wrong answers...

Let's walk through a few things..

1) As long as you did not provide a physical financial instrument for payment at a bank, then you have nothing to worry about. So, you did not present a check to get goods or services for it.

2) You cannot be arrested for getting a loan and not paying it back.

3) The only time you can be arrested in a situation like this is one of three situations..
i. If you use someone else's information (id theft or forgery)
ii. If you give false information (fraud)
iii. If you give a check and do not have adequate funds to cover the instrument (theft by check)

4) Others are correct that you can have this item placed on your credit report and it will be sent to collections and people will harass you all day long. You can stop this though by sending the collection agencies a "CEASE and DESIST LETTER" telling them not to contact you anymore.

5) You cannot be arrested for not showing up to court in a CIVIL matter. Since you are not being tried for a criminal offense in a CIVIL court proceeding, the judge does not care if you show up. You did not wrong society or the government, but another individual directly. Thus, if you do not show up, the judge will place a default or summary judgment against you for the amounts being sought by collection agency. There is no bench warrant or any other warrant issued for your arrest in a CIVIL proceeding..

6) Depending on your state, the debt may be noncollectable if it is too old. All states have a statute of limitations rule. For instance, Texas has a 4 year statute of limitations on debt from date of first delinquency. Once it has passed that mark, you are not responsible. You could be sued, but you would present the statute of limitations law text to the judge and the case would be dismissed.

This is Civil Procedure in Law School 101..

Hope that helps.. If you wanna ask some questions, please feel free to e-mail..

Source(s)

by MBATXguy - 6 years ago

somy name is katrina .ifi,havea warrantfor my arrest withfraudcollectionagency.whatcan i,do.can i, geton a payment plan.especiallyif i, owned alots of money.//theygotme inwis.soim, tryingpayitoff.//i,shouldnt be scared about nothing.//please email me right now.as soonas i,give you my email.//myemail is kbland76@yahoo.com

by Katrina - 7 months ago