by demondracula on January 23rd, 2008

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Can you go to jail for not paying back a payday loan from cash advance like before they cash the check they hold shut down you bank account then go to another bank and open up a brand new one?

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by Hardcore Conservative on November 5th, 2009
Yes. It'll be classified as theft by deception and fraud. Because you're using a check to commit the fraud, it'll probably be classified as a felony. See you in 2-6 years.
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by tigglebits on January 25th, 2008
They have your social security #, DL # and probably a lot of other info about you. They will definitely take you to court over it. Some good advice..stay away from payday loans. It may help for the time being but the interest is unreal and something always ends up going wrong. For instance, I had one paid off in full and they kept withdrawing from my checking acct. I called them several times to get them to stop and it took 2 MONTHS and a lot of bitching to get it cleared up. I did get my money back for the payments that were taken out but I did not receive compensation for the bounced checks they caused. I could not stop payment on them either because they took out a different amount every time.
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- Yes. You could possibly go to jail if arrested and/or convicted of a crime. Under the facts and circumstances presented, it is possible that you could be charged with some form of criminal fraud or theft.
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  by DebraG on January 25th, 2008
- DebraG I hate to tell you but you are wrong you cannot go to jail if you do not pay back a pay day loan they may tell you that it is a bad check but the Fair Debt Collection Act section 818 states that certain checks are excluded, quote, "a postdated check presented in connection with a payday loan, or other similar transaction where the payee of the check knew that the issuer had insufficient funds at the time the check was made, drawn, or delievered." It's not check fraud or a bad check so no jail time or criminal charges can be filed it's a civial matter at that point. Pass it on.
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  by tnincey on September 16th, 2009
- Tnincey: What does the FDCA have to do with criminal law? The answer is nothing. The FDCA regulates what 3rd party collection agencies can do to collect a debt. The statute you cite merely exempts post-dated checks from the FDCA.
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  by Anonymous on September 16th, 2009
- What about going to several payday loan locations in the county using the same check ea time every month? Is that illegal and something that could warrant jail time as well? Thanks
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  by Anonymous on September 19th, 2009
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by sdada1 on May 10th, 2009
If you shut down your checking account you are committing fraud. If you do not have enough money in your account to cover the withdrawal it just bounces back to the lender and you can not face any criminal charges, however you can face Civil lawsuit against you for not paying and it will be reported to your credit report. I am in no way telling you not to pay but if you don't have the money don't fund your account, at least with a collector you can make better arrangements but you will pay a lot more money maybe double.
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- I hate to tell you but you are wrong you cannot go to jail if you do not pay back a pay day loan they may tell you that it is a bad check but the Fair Debt Collection Act section 818 states that certain checks are excluded, quote, "a postdated check presented in connection with a payday loan, or other similar transaction where the payee of the check knew that the issuer had insufficient funds at the time the check was made, drawn, or delievered." It's not check fraud or a bad check so no jail time or criminal charges can be filed it's a civial matter at that point. Pass it on
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  by tnincey on September 16th, 2009
- Tnincey: What does the FDCA have to do with criminal law? The answer is nothing. The FDCA regulates what 3rd party collection agencies can do to collect a debt. The statute you cite merely exempts post-dated checks from the FDCA.
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  by Anonymous on September 16th, 2009
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by Anonymous on January 25th, 2008
Yes, because what you describe is fraud.
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- It's not fraud read above.
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  by tnincey on September 16th, 2009
- Tnincey: What does the FDCA have to do with criminal law? The answer is nothing. The FDCA regulates what 3rd party collection agencies can do to collect a debt. The statute you cite merely exempts post-dated checks from the FDCA.
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  by Anonymous on September 16th, 2009
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by steven78wilson on December 31st, 2010
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by hotzi on July 21st, 2010
no, its totally legal, keep up the good work!
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- Get yours at SweetIM.com
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  by Shania on July 21st, 2010
- Yeah, until you run of people to give you new bank accounts.
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  by ConservativelyLiberal on July 21st, 2010
- Wow that was racist on multiple levels.
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  by ConservativelyLiberal on August 11th, 2010
- I hope your racist ass is their next victim.
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  by Shania on August 14th, 2010
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Can you go to jail for not paying back a payday loan from cash advance like before they cash the check they hold shut down you bank account then go to another bank and open up a brand new one?

Answers. 6 helpful answers below.

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Can you go to jail for not paying back a payday loan from cash advance like before they cash the check they hold shut down you bank account then go to another bank and open up a brand new one?

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