Can a payday loan take me to court and get sent to jail for not paying the loan?

Asked over 1 year ago - Bronx, NY

I owed $260. It was all by phone, no internet. They told me I'd have to pay $60, every 2 weeks until it covered the $260. When I was making my last payment I called and they still said I owed $260. Now they started saying something else that I was just paying interest and nothing was going towards the loan. Thats not right! And I stopped paying because they are ripping me off, but now they saying they taking me to court for fruad charges. I'm scared. What can I really do?

Attorney answers (5)

  1. Richard J. Chertock

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . This is a civil matter, not a criminal matter. The worst that can happen is they will obtain a money judgment against you, but that is not likely. In New York payday loans are not legal. There are also limits on how much interest can be charged on a loan. Maximum legal interest for an individual is 16.99% and for a corporation is 24.99%. Anything over that is called usury. If the interest rate exceeds 25% it is criminal usury. If the interest rate is found to be usurious then the loan does not have to be paid back. In court they would have to show proof of the loan and they would need something signed by you agreeing to the terms. Demand an accounting of all payments and interest calculations. I doubt they will go to court over such a small amount. You might also want to contact the local authorities about this and have them investigated.

    This e-mail may contain confidential or privileged information. If you are not the intended recipient, please... more
  2. Eric Edward Rothstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . First, Payday loans are illegal in New York so you may have a defense on that ground if they sue you.
    Second, this is not a criminal matter and they can't put you in jail.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. Jeffrey Bruce Gold

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . You can't be sent to jail. This is a civil matter. If they made the call to you in NY, I would argue that the loan and debit is illegal if they sued you.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
  4. Steven Zalewski

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . PAY DAY LOANS ARE ILLEGAL IN NYS

    Call for a free consultation any time 718-263-6800. We are here to help
  5. Elizabeth Shollenberger Esq.

    Pro

    Contributor Level 12

    Answered . In addition to the good advice given to you by others who answered your question, you should report this lender to the New York State Attorney General's office. The office's website is www.ag.ny.gov.

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