That's a complicated issue. Need more information. What's the alleged legal theory that would allow "jail?" MAY violate Chapter 75 "Deceptive & Unfair Trade Practices Act" of North Carolina.
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The collection agency is violating the Fair Debt Collection Enforcement Act and you should report them to your Office of Attorney General to reprimand them. You will not go to jail for a civil debt for payday loans. You go to jail when you are prosecuted for theft or another crime by the DA's Office, not a collection agency. We do not have debtor's prisons in the US.
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Can you be? Yes. Will you be? Highly unlikely. In order to convict you of fraud, they would have to prove that you intended to defraud them AT THE TIME you took the loan. How can they do that? Like I said, unlikely. That said, a collection agency's threatening you with jail likely violates federal, and perhaps your state, collection laws. If so, you could potentially collect monetary damages as well as recover your court costs and attorneys fees. You also potentially could have the collection agency sanctioned by their licensing authority and/or by North Carolina. Go see a local debt collection or consumer lawyer - many offer free initial consultation.
Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship. Gregory L. Abbott, Attorney at Law, 6635 North Baltimore, Suite 254, Portland, Oregon 97203. Tel: 503-283-4568; Fax: 503-283-4586; Email: email@example.com. Specializing in Consumer and Small Business Law.