can a online payday lender take me to court for a fraud case

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can a online payday lender take me to court for a fraud case

I received a call from a collector stating
that a payday loan lender was filing
charges for fraud due to an account
being closed

Asked on December 3, 2016 under Bankruptcy Law, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Absent  actual fraud on your part, that is you never intended on paying the money back, threats of criminal action are just that - threats. You can't be arrested for failure to repay a debt; the age of debtors prison went out about the time of Dickens. In fact, absent fraud, it is against the law for a creditor to threaten criminal action for non-payment of a loan. 
 
Note: This doesn't mean that you don't owe the debt, just that threats of criminal action cannot be used to collect.


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