QUESTION

What happens if you don't pay back payday loans online in N.C.?

Asked on Jul 03rd, 2013 on Bankruptcy - North Carolina
More details to this question:
N/A
Report Abuse

2 ANSWERS

Family Law Attorney serving Durham, NC at Morelos Law Firm
Update Your Profile
Unfortunately if there is no true defense to the debt, then they can eventually file a lawsuit for money owed, assuming the statute of limitations hasn't passed. Whether you respond to the summons or not, likely a judgment will eventually be entered. But the "worse case scenario" would be a judgment against you on the records at the court house. They cannot arrest you, take your house, or your car, garnish your wages, attach to your taxes, etc. You have what are called "exemption rights" to protect most of your main assets or at least up to a certain value. After that, if there is nothing left to collect against, while they have a right to try, not much will happen. It does become a lien on any real property you own such that if you were to try and refinance or sell later, it would need to be paid off at that time. A judgment is good for 10 years and also shows up on your credit. You can try to negotiate with them at any time, even after judgment is entered. I hope this provides you at least some relief!
Answered on Jul 05th, 2013 at 5:42 AM

Report Abuse
If this was for a payday loan obtained prior to July 1, 2013, then my answer would be ... nothing. Unless there was some sort of deliberate criminal intent to deprive the lender without intending to repay (which is extremely unlikely) then no criminal charges could be brought. Payday lending was illegal in NC prior to July 1, 2013. Thus a payday lender would not sue civilly as they would be precluded from getting repaid their usurious interest and they would be opening themselves up to criminal sanctions. The principal borrowed in most cases has been repaid if the borrower has made a payment or two (depends of course on how much was borrowed and repaid). Its possible that the loan could be listed on your credit report. And if the lender is overseas or a tribal lender they may not adhere to the federal Fair Debt Collection Practices Act. Which means that they may call you at work and make all kinds of threats against you. They may also lie and tell you that you could go to jail, have your wages garnished or that papers are being filed and they will see you in court. Don't believe anything that a payday lender tells you unless you verify it with another source or consult an attorney. NC has just passed a new law, 2013-SL-162. I have not yet had a chance to study it, but although it does not explicitly mention payday lending it looks like a back door effort to bring it back. Most laws are prospective meaning that they do not apply to loans made before the effective date so if your loan was taken out before the law became effective it would not apply to you.
Answered on Jul 05th, 2013 at 5:40 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters