QUESTION

Can you go to jail for not paying back payday online loans?

Asked on Nov 04th, 2014 on Bankruptcy - North Carolina
More details to this question:
For the pass week I have had people call and say they were attorney a damn that they had a warrant for my arrest and that if I didn't pay the amount they suing me for I could go to jail. But then they set up a payment arrangements for the full amount to come out of my account. I'm not denying I didn't do the loan (2011) but I had contacted them to let them know I was changing banks but then I found out it was against the law for payday loans n consult another company to make my payments but then didn't hear anything for a whole year until last week. What do I do? They stated they had a warrant for my arrest. I've never been arrested for anything. I have 3 kids n single. I need advice on what to do. They are scheduled to withdraw from my account on the 11-14-14. Please can someone please help me figure this out? I'm not trying to go to jail. I just I’ll make arrangements but I just don’t have it now. They also stated that they have 3 accounts of check fraudulent. That wasn't my intentions. Thank you.
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2 ANSWERS

Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
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You won't go to jail...that's a scare tactic to get you to pay up. Consult an attorney as you may have claims against them.
Answered on Nov 05th, 2014 at 2:51 PM

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Only the police are able to execute on a warrant for your arrest. If you were charged with a crime, the police would be the party to contact you - not the creditor. It is illegal for a creditor to threaten you will arrest for an unpaid bill. It is most likely a scam if they are threatening arrest for an unpaid amount. While I will not advise you against paying what is owed, you should know that online pay day lenders have been deemed illegal in NC. However, before you pay anything, demand that they send you proof of the debt in writing. Have them mail it to your home. Tell them that without proof, you will not pay them. They are not able to have you arrested for failure to pay a bill. If they claim that they are able to do so, it is against the law and you should report them to the NC Attorney General.
Answered on Nov 05th, 2014 at 2:50 PM

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