How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ali Kirk Your Own Question
Ali Kirk
Ali Kirk, Attorney
Category: Legal
Satisfied Customers: 244
Experience:  14+ years experience in Civil, Family, Criminal, Labor & Probate (Wills & Trusts) Law.
Type Your Legal Question Here...
Ali Kirk is online now
A new question is answered every 9 seconds

can you go to jail over a civil matter

This answer was rated:

can you go to jail over a civil matter
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 8 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
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.

I hope you found my answer helpful. Please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. A BONUS TIP is also appreciated. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

DISCLAIMER (I really don’t like this but it is necessary): This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for “Legal Informational” purposes only and should not be confused with “Legal Advice” and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney.

This information is limited in scope and is confined to the question asked and should not be relied upon to provide a comprehensive picture of any particular situation and you are strongly encouraged to seek counsel for further course of action, if applicable. In other words, this response is not intended nor shall it be construed as providing you with all the information that your legal questions/issues may require. If you do require legal advice and retention/hiring of an attorney, I encourage you to consult an attorney who is actively engaged in the practice of law in the area of law relevant to your legal questions/issues and who is admitted to the bar or lawyer licensing agency in your jurisdiction(s) or the jurisdiction(s) that has jurisdiction over your legal questions/issues. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.

Ali Kirk and 4 other Legal Specialists are ready to help you