QUESTION
Can they take me to jail for a payday loan?
Asked on Jan 14th, 2014 on Bankruptcy - California
More details to this question:
I was threatened today by a collection agency who stated if I didn’t pay them for a payday loan and closed bank account I could face legal charges and jail time. I just recently got a job but this happened 3 years ago.
5 ANSWERS
Corporate & Incorporation Attorney serving Huntersville, NC
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Elliott Law Firm, P.C.
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This is a civil matter and there is no jail time for unpaid debts. Debtor's Prison went away a long time ago. I cannot tell from your fact pattern, but if it has been 3 years since you made a payment, the statute of limitations has run out. Further, threatening jail time for this is potentially a violation of the Federal Fair Debt Collection Practices Act.
Answered on Jan 16th, 2014 at 8:58 PM
No. You can't go to jail. Generally, the companies that make these type of claims are not legitimate. They are run by criminals who think they can scare you into paying. I would ignore the call. If they call again, just be strong and say, "I know you are a criminal and are not going to do anything. Just trying to scare me into paying. I am not paying. I guess I will talk to you again tomorrow."
Answered on Jan 16th, 2014 at 8:57 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
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It is illegal for them to threaten you under the Fair debt collection act recommend that you call a lawyer who knows debt collection.
Answered on Jan 16th, 2014 at 8:56 PM
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
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No. The call is a scam. If the people could be identified, located and served it would be a good Fair Debt Collection Practices Act case.
Answered on Jan 16th, 2014 at 8:55 PM
No they can't. That statement is a violation of the Fair Debt Collections Practices Act.
Answered on Jan 16th, 2014 at 8:55 PM