Can criminal charges be brought against me for not paying a payday loan and can I be arrested?

Asked over 2 years ago - Reno, NV

I took out an online payday loan in October of last year paid on it twice and lost my job. I explained this to them and they refused to work with me and proceeded to take funds out of my account causing me extensive overdraft fees. I closed out my account and opened a new one. They had a processor contact me today saying they will be filing criminal charges against me and it would go to court. I explained to them I was filing bankruptcy in June due to recently losing our house to foreclosure and my lawyer informed me to give all debtors his number and he would confirm I am filing bankruptcy, the guy then said the bankruptcy was irrelevant in the matter because they haven't reported me to the credit bureau yet and it's a criminal matter.I'm waiting to hear from him after he talks to my lawy

Attorney answers (2)

  1. Malik W. Ahmad

    Contributor Level 14

    1

    Lawyer agrees

    Answered . NO. Because a payday loan debt collection or its violation is not a criminal offense. I believe it was during Abraham Lincoln's time as prison jail. Not anymore. Nevada is a usury state, and sky is the limit on pay day loan. Unfortunately, it is one industry which is surviving. I seen their shops open very late, sometime 24 hours and mostly in every shopping plaza these days. Once a pay day company moves in a shopping center, the other business runs away akin to a bail bond business. The threat of filing of criminal charges is a violation of FDCPA law, and you have your own legal reason to file lawsuit against them. Please go to my website www.fastbankruptcynevada.com and read my article under FDCPA. I have filed couple of lawsuit against payday loan and debt collection agencies who charges some 400-500 percent interest rate. Make a diary, write the name of the person, time, and the exact conversation without getting offended. By law, they need to give you a warning about debt collection and its ramification. If they do not give, or forget to give you, that is another violation. Ask your attorney to file FDCPA against this guy, and agency, if they are reluctant, call us at (702) 270-9100,

    Only see a licensed attorney before you make any decision. This answer may not be perfect in any given situation.... more
  2. Christopher Daniel Leroi

    Contributor Level 20

    Answered . No, criminal charges can not be filed against you and you will not be arrested.

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Criminal charges

Criminal charges are formal accusations in court that someone has committed a crime. Criminal charges have many classifications and degrees of severity.

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