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Ali Kirk
Ali Kirk, Attorney
Category: Legal
Satisfied Customers: 244
Experience:  14+ years experience in Civil, Family, Criminal, Labor & Probate (Wills & Trusts) Law.
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can you go to jail over a civil matter

Resolved Question:

can you go to jail over a civil matter
Submitted: 6 years ago.
Category: Legal
Expert:  Ali Kirk replied 6 years ago.
Hi, and thank you for your question.

So I can better assist you, can you tell me what type of civil matter this is? Is it divorce? Breach of contract? etc.

Thank you.
Customer: replied 6 years ago.
hi ,thank you it was a pay day loan and before my first payment was due we lost our home and car and lived in the street so i could nt even contact them also the bank had closed our account,because of over draft charges,i got in contact with the company that we took the loan out {it was 200.00} thay said thay sold it to a bill colloctor,
this guy is calling me at work and said he was filling charges on me and i will be arrested at work,this was not something that was done on purpose ,also he has called my manager and told him about this ,thats why i need to no if its true   sherry Dallas tx
Expert:  Ali Kirk replied 6 years ago.
Thank you for the quick reply.

The short answer to that question is no, you cannot go to jail for not paying back a payday loan. Some payday loan companies may try to tell you that you can go to jail because not paying back the loan could be considered check fraud or criminal theft, but they’re just making threats in hopes that you’ll pay. However, that doesn’t mean that a payday loan company cannot take other forms of action against you.

While you can’t go to jail for failing to pay back your payday loan, keep in mind that lenders have other means of getting their money back. Payday loan lending is still a fairly new concept in terms of the law, so there is no uniform way in dealing with it and many states have different laws regarding it. If your payday loan lender can’t get you to pay back the loan on their own or through a collections agency, there is the possibility that they could take you to court over the matter. Lenders have the right to collect delinquent loans using all of the legal remedies, this includes filing a judgment or civil court action. With the help of the courts, payday loan lenders could garnish your wages or force you to sell of assets in order to pay the loan back.

You can't go to jail over most civil matters (there are exceptions, such as being held in contempt for failure to pay child support), and certainly not this one, is the botXXXXX XXXXXne. They can't arrest you, or file criminal charges for this, although you see they can sue you for the money owed. This is just a threat to scare you!

I would suggest you tell the creditor to not call you at work. Generally, collection agencies must not call a person at work if asked not too, or can face government fines for doing so. Also, if you are now in better financial shape, you may ask about negotiating a settlement and/or entering into a payment plan. Obviously, once the money is repaid, the issue is resolved.

If the problems continue, you may wish to talk to a local attorney about this matter. Typically, attorneys with 1-5 years experience offer lower fees.

Good luck to you.

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Ali Kirk, Attorney
Category: Legal
Satisfied Customers: 244
Experience: 14+ years experience in Civil, Family, Criminal, Labor & Probate (Wills & Trusts) Law.
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