Can I go to jail for not paying back an online payday loan?
Emma Miller
Updated on January 25, 2026
Technically, you cannot go to jail due to an unpaid payday loan or for any kind of debt. According to the Consumer Financial Protection Bureau, you cannot get arrested for not paying a payday loan. In short, YES you can be arrested and could go to jail if you have an unpaid payday loan BUT NOT because of your debt.
How do I stop payday loans from debiting my account?
How to stop automatic electronic debits
- Call and write the company. Tell the company that you are taking away your permission for the company to take automatic payments out of your bank or credit union account.
- Call and write your bank or credit union.
- Stop payment.
- Monitor your accounts.
What happens if you never pay back a payday loan?
Defaulting on a payday loan can drain your bank account and trigger collection calls. A payday loan default can lead to bank overdraft fees, collections calls, damage to your credit scores, a day in court and garnishment of your paycheck.
Can payday lenders sue you?
If you don’t repay your loan, the payday lender or a debt collector generally can sue you to collect. Be aware that some payday lenders have threatened garnishment in order to get borrowers to pay, even though they do not have a court order or judgment.
What happens if you get a payday loan and close your bank account?
If you close the checking account to keep the lender from taking what you owe, the lender might keep trying to cash the check or withdraw money from the account anyway. That could result in you owing your bank overdraft fees. The payday lender might send your loan to collections. Then there will be more fees and costs.
Can an ACH payment be declined?
ACH stands for Automated Clearing House and is a means of processing checks faster electronically. If your business accepts ACH payments, you’ve likely wondered “What does rejected mean?” Just like traditional checks, ACH payments can be rejected due to incorrect information or insufficient funds.
How long can payday loans come after you?
Debt collection activity: Your lender will attempt to collect payment for you for about 60 days. If you’re unable to pay them within this time frame, they’ll likely turn to a third-party debt collection agency.
How can I get out of payday loans?
How to get out of payday loan debt
- Try a payday loan consolidation / debt settlement program.
- Prioritize high-interest loans first.
- Ask for extended payment plans.
- See if you can get personal loans.
- Get a credit union payday alternative loan.
- Look into non-profit credit counseling.
- Ask friends and family for money.
Is it legal to get a payday loan?
Also called cash advance loans, they are legal in most states. To get a payday loan, you give the lender a personal check for the amount you want to borrow, plus the lender’s fees. Or, you authorize the lender to take the loan amount, plus fees, from your bank account electronically.
What happens if you fail to pay a payday loan?
Even though a payday lender can sue you civilly to collect the balance of the loan, failing to pay a payday loan is not a crime. While some collectors threaten borrowers with criminal action, you cannot be sent to jail unless you intentionally took out the loan not planning to pay it back.
Can a payday loan company charge unlimited interest?
Some states have rules related to how much interest a payday lender can charge, however, other states, such as Texas, allow payday lenders to charge unlimited interest and fees for nonpayment. Understand how payday loans work. In many cases, payday lenders “advance” someone a certain amount of cash, and charge a fee for doing so.
Can a payday loan company take a post dated check?
Some lenders frequently obtain multiple types of authorizations, such as taking a post-dated check along with the consumer’s debit card information. Under federal law lenders cannot condition a payday loan on obtaining an authorization from the consumer for ‘‘preauthorized’’ (recurring) electronic fund transfers.