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Can I be taken to court if I failed to pay back a payday loan as my checking account was closed?

Southington, CT |

Over the summer I had taken out 2 payday loans as I had a $5,000 deductible on insurance which pertained to my medication at the pharmacy. Therefore I took out 2 payday loans to help pay for the prescriptions. I ended up closing my checking account out at my credit union because of an issue I had wtih the credit union themselves. Now, I just received a phone call that if I do not make an agreement and settle this matter immediately they are going to send "the papers" to CT and have me served at my work! They said this is bank fraud. I honestly forgot all about the 2 payday loans and honestly i can't afford to pay them back right now. I had no intention of fraud! Can they really serve me papers and have me arrested like they said on the phone?

Attorney Answers 2


The payday lender cannot have you arrested. They can submit the information to the police or prosecutor to review for possible charges. Based upon the information presented this seems unlikely. If they threatened to have you arrested, they may have violated consumer protection laws and the fair debt collection act.

They can, however, bring a civil lawsuit against you, which may be what they are referring to. You may want to attempt to negotiate payment of the loans with them.

You should retain an attorney to address this issue. The above answer is for informational purposes only and does not constitute legal advice. I have provided this answer only based on the information presented in the question. The specific actions or answers to this issue require additional information. The above information and answering this question does not constitute an attorney-client privilege. I am not responsible for any issues, problems or losses from any reliance on this answer and information, and the consequences of such reliance.

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You are entirely safe from being sued or being arrested. Payday loans are illegal in Ct. They are perhaps the stupidest thing a person can do to their finances. Regardless of whether you paid the loan off or filed bankruptcy, the "sham" lender will pursue you contrary to all laws against them. You have been had. Pay day loans are con artists. If you were sued, they would have to manifest a physical address or entity that could be sued in turn under various consumer laws including the CCPA and The FDCPA. Incidentally, you will note that all communications have been by Internet or phone. You will not get them on paper. Furthermore, if you gave them any personal information, you should lockdown your credit report and expect some identity theft. Payday loans are thinly veiled deals with devils.

We can be reached at 203-870-6700. Our web address is: www. Answers on Avvo are not to be considered a response to a specific legal issue in a specific jurisdiction - they are to be considered only general responses to hypothetical scenarios posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction. No information contained herein should be construed as a solicitation for business, an offer to perform legal services in any jurisdiction in which the attorneys of Rosenberg and Press, LLC are not licensed, or the dissemination of legal advice. No creation of an attorney-client relationship should be assumed or implied. We are a debt relief agency. Rosenberg and Press helps people file for bankruptcy relief under the bankruptcy code.

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