Collections Law/payday loans


Can you go to jail for not paying a online payday loan?

The only way you can go to jail is if it can be proved that you took out the loan without any intention of paying it back.  In other words, fraud.  So if you had no ability to pay it back, it could be inferred that this was your intent. But if something happened to prevent you from paying it back, or if you miscalculated your ability to pay it back, then all they have is a civil action to try to recover the money.  The best way to avoid the criminal action is to show that you really want to pay it back but can't.  Send in a small amount and apologize that you cannot pay more.  Do that a few times.  You can stop afterwards.  But they will sue to try to recover the money.

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Michael T. Hertz


I can answer most questions concerning bankruptcy, whether business or personal, including questions by debtors, creditors, persons interested in purchasing assets from bankruptcy estates, and the like. Also have expertise in tort law, French and Canadian law.


Practiced bankruptcy for 27 years in California and taught bankruptcy for three years in Maine. This included Chapters 7, 9, 11, 12 and 13 cases, representing debtors, creditors (secured and unsecured), bankruptcy trustees, creditors committees, and persons interested in purchasing assets from bankruptcies. Debtors included persons with virtually no money up to large corporations.

Inactive member of the Bar of the State of California. Nonpracticing member of the Bar of Massachusetts. Formerly member of the Maine Bar and conseil juridique in France. Certified by National Committee on Accreditation in Canada.

Georgetown Law Review; California Bankruptcy Journal; Maine Law Review; Dalhousie Law Journal; University of Toronto Law Journal.

Harvard Law School (J.D. 1970; cum laude) and Pomona College (B.A., 1967; cum laude)

Awards and Honors
Selected as a "Superlawyer" in 2005 and 2006 for Northern California.

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