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Payday loans are financial products that come with a certain number of risks. In some cases, they can even put you in prison. Don’t get scared. But taking money and not paying it back surely have some consequences. It’s in your very best interest to read the terms and conditions before taking a loan from a private company.

Before you refuse to take payday loans ever again, you should understand the actual danger of payday loans. While it’s illegal to be sent to jail for having a debt, the lender could obtain a warrant of arrest against you if you don’t appear in court when you’re charged for the debt. So you should be careful about loan products, especially when it comes to large sums of money.

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Payday Loans and Lawsuits

Approximately 12 million Americans use payday loans every year. If most of them would end up with a lawsuit, the number of people who would use this loan type would constantly decline. In reality, it actually grows all the time.

Payday loans happen to be a convenient short-term solution when you need immediate cash to cover an emergency expense. Nevertheless, these loans come up with high-interest rates and fees. This nuance is the most common reason people give up on payday loans.

Can you go to prison for not paying a payday loan?

If you’ve defaulted on your payday loan, you logically have some worries about the possible consequences. Some people might even be concerned about the possibility of being sued. The short answer is no. You can’t go to jail for not paying a payday loan Filld. However, you can be arrested for not attending the court session when you’re sued for a payday loan debt. The authorities will view this ignorance as disrespect and misconduct.

Does a payday lender have the right to sue you?

Private lending agencies are good at creating all sorts of danger, but can they sue you? Let’s say they can drag you to court if you violate the terms of your initial agreement. Importantly, the case can be handled by a civil court rather than a criminal court. So no serious consequences are going to be caused.

Most payday lenders don’t go further than their threats. First of all, they are going to spend a lot of money on the proceedings. For a small loan of up to $1,000, it doesn’t make any sense. Secondly, most lenders decide to negotiate with you and come up with an out-of-court agreement to minimize the hassle around the case. They perfectly realize that all their threats are made to push the borrowers with urgent payments.

What to do if timely repayment is not possible?

Most people understand the responsibility of paying back loans on time. But life is unpredictable. Sometimes, you fail to meet the terms and conditions of the agreement. In other words, you can’t pay a payday loan. You should have a clear action plan of what to do in such situations:

  • Talk to the payday lender. If you’re unable to pay the whole loan amount but can cover part of it, you can try to discuss a payment plan with the lender. Or you can offer to pay a little bit more in exchange for prolongation of the repayment obligation. If you reach an agreement with the payday lender, ensure you specify the details in a written paper for future reference. Note that the payday lender isn’t obliged to agree with you, and the negotiations might fail.
  • Take a look at your state’s statute of limitations. This law indicates the cases in which you can be sued for a certain event, crime or debt. If the statute of limitation on your debt has expired, it makes your debt uncollectible, and the lender can’t legally sue you. Please mind that the law has slight differences between states. So you should do your research before your start worrying.
  • File for bankruptcy. It’s recommended to contact an experienced bankruptcy lawyer and file for bankruptcy. This will help you halt all collection efforts by debt collectors.

As with all forms of loan products, you need to know what you’re getting yourself into before going any further. Make sure you have a clear understanding of how the loan will be covered by the deadline. If something in the initial terms and conditions is unclear to you, feel free to double-check it with the lender or any other financial specialists.

Loans have been created to help you solve financial problems. So don’t make them work against you. Read the policies and stick with them till full repayment.

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