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Can My Son Be Arrested for Not Repaying a Payday Loan? – Karen

“Dear Steve,

My son who is 32 years old and not employed at this time was contacted by a collection agency about a payday loan that apparently he took out over 3 years ago. They claim they can have him arrested for check fraud if he does not pay $355 every two weeks to settle this debt. I contacted Relief LLC and they advised me they can help with this and he would only need to pay $200 per month to settle this debt. Which sounds more doable to me. Can this collection agency have him arrested as they claim?

Can this collection agency have him arrested for check fraud on a payday loan and does the solution Relief LLC sound like our best option?

Please help

Karen”

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The Answer

Dear Karen,

The company you contacted does not have any authority to stop legal action against your son if the lender wanted to proceed.

The payday lender can proceed against your son for writing a bad check since he most likely gave them a post-dated check when he took out the loan.

You best course of action would be to either negotiate with the payday lender directly to come to an agreement on a payment plan you can afford or contact a local attorney in your area to help. Since this could involve some serious consequences there is no sense to fool around here. The threat of being arrested for a bad check depend on the state and area you live in and the amount of the bad check.

People don’t get arrested often for such things but I have seen it happen.

Please post your responses and follow-up messages to me on this in the comments section below.

Big Hug!

Can My Son Be Arrested for Not Repaying a Payday Loan?   Karen
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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
  • Imkdurand

    Dear Steve,
    This was an online payday loan and my son did not give them a post dated check, they just deposited the money into his account.  Can he still be arrested?  Thanks for the information.
    Karen

    • http://GetOutOfDebt.org Steve Rhode

      Depends on the laws of your state. Find a local attorney and talk to them for specific legal advice.

  • Vincent

    I can’t answer for another state’s laws, but here in florida it is only possible to take out one payday loan at a time – up to a maximum of $500 – and then one must wait 24 hours AFTER the loan is paid prior to taking out another – also here in florida a payday loan is looked at as just that – a loan and even if the check given to the advance company were bad, it would be considered a civil problem.  There is also a stipulation given to people who often do not read about it with the loan documents in Florida – it states that in the event that you can’t pay your loan on the given due date, you are entitled to go onto an extended payment plan where they cannot raise your repayment fee, however they break the payments up into an 8 week period instead of two – but it’s consequence is that if one goes onto a repayment plan, then they cannot take out another payday loan for one solid year after the last payment is made. Bad check charges can be brought on to an individual if that individual came in to cash a non payroll check, not for a loan.

    • http://GetOutOfDebt.org Steve Rhode

      I wish more states had that same law regarding payday loans.

  • William

    If you’re in Nevada, a Payday loan is considered an unsecured credit line and can’t be prosecuted as a crime – because at the time the payday lender accepted your check, it knew you did not have the money.  Plus the District Attorney’s office won’t prosecuted post-dated checks.

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