What Can Happen If You Fail To Repay A Paycheck Advance?

Blog

If you've found yourself getting behind on bills, you may have considered taking out a paycheck advance or payday loan. These loans can serve as a life preserver to those who are temporarily unable to meet their monthly financial obligations. However, a failure or inability to repay these loans can have dramatic consequences — or even land you in jail.

How long do you have to repay a payday loan?

Most payday lenders will provide cash in exchange for access to your banking information (and a signed consent form to permit them to withdraw a certain amount on a certain date) or a post-dated check drawn on your bank account. In general, payday loans are short-term loans — most lenders will seek repayment within two weeks. If the lender attempts to draw the funds out of your bank account and your balance isn't high enough, it may either offer you an extension (for which you'll pay additional interest) or pursue immediate legal action.

What are the potential consequences of failing to repay a payday loan?

• Civil consequences
  • Because most payday loans are for relatively small amounts, the lender will generally seek legal action through a small claims court. If the court finds in the lender's favor, it will issue a judgment against you. The lender will then file a proceedings supplemental motion to obtain information on your employment, assets, and bank accounts to assist with garnishment.
  • Once the judgment is in place and the lender has obtained your banking information, you may find that your paychecks begin getting smaller. Sometimes the lender will send a garnishment order to your employer, who will take funds from your paycheck and route them directly to the lender. In other cases, the funds will be directly seized from your bank account after the lender files a garnishment order with the bank.
• Criminal consequences
  • Although debtor prisons were outlawed more than a century ago, a failure to repay a loan has, in some cases, led to incarceration. If the court orders you to appear for a hearing and you fail to show up, the court may issue an order to show cause why you should not be held in contempt. If you fail to demonstrate that you had a good reason for failing to appear (such as not receiving notice, being hospitalized, or being unable to find transportation) you may be held in contempt and sentenced to a short period of time spent in jail.
  • Be sure to attend all scheduled court hearings and respond to any court requests. If you move while you're involved in a court case, don't forget to update your address with the court to ensure you receive notice of your upcoming paycheck advance hearings.

Share

8 January 2015