I got a payday loan and was unable to pay the full amount and asked for a payment plan they said no it will have to be paid in full. Now they are calling my job and threaten to have me put in jail can they legally have me put in jail?
These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us.
You took out a loan, you did not write a hot check, so jail is not an option for getting you to pay. You may have a claim for violation of the Fair Debt Collection Practices Act. Each violation of the Act is worth up to $1,000 to you, any actual damages, and mental anguish, plus attorney fees.
We haven't had debtors' prisons in the United States for more than a century, and Ms. Trevino is right -- someone who's threatening a criminal prosecution against you for nonpayment of a debt may well be violating the federal Fair Debt Collections Practices Act.
You can check the links just below my answer for general information about that statute.
There are indeed lawyers in Houston who regularly handle cases under this statute on a contingent fee basis, where they're only paid out of the recovery, if any, from the violator. But I'm not one of those lawyers. And depending on your overall situation, you may also need someone who can give you more general advice on bankruptcy and other options. Avvo.com is a good way to find someone like that, or I'd be glad to make a recommendation if you'd like.
One way or another, though, I do recommend that you get a lawyer to help you. You're probably dealing with a company who is counting on you NOT to do that, and who will only behave itself and act reasonably if you give it good reason to believe you can stand up to it and assert your rights. Realistically, most folks need a trained legal advocate to help you do that.
