Legal Question in Credit and Debt Law in Kansas

As to teh going to jail for not paying the loans back, there is really only one scenarios wher that could be said to happen. Apparently what happened is that someone (probably the payday loan company or the entity that bought your loan) filed suit against you and obtained a judgment by default. They then requested a Hearing In Aid, sometimes called debtor's exam in other states. Taht is whre you come to Court and the Judgmetn Creeditor or their attorney hasks you quesions about where you work, bank, live, and what you own. If you were served with an Order to appear and did not, the Court can issue a Show Cause Order. That is you where you are ordered to come to court and show cause why you shouldn't be held in contempt for your failure to obey the court's order to appear for the Hearing In Aid. If you appear and submit to the examination about yrou assets, A contempt Citation is almost never issued. But, if you are served with a Show Cause Order, and fail to appear, the court can issue a warrant for yrou arrest, called a Bench Warrant. Soem counties just wait for you to get pulled over and then take you in. Others actively go out and arrest you on the bench warrant. You would go to jail and have to post bond to get out before the new hearing date. Usually this is $250 for the first occurrence. A new Hearing In Aid /Citation date would be set, and if you bond ourt and fail to appear for that hearing, then a new bench warrant may be issued, with a higher bond amount, If you do appear, the bond money is often apllied to the debt you owe the Judgment Credtior. You woudl nto go to jail for not paying the loans back, but because you filed to obey the orders of the Court to come and give testimony about what assets you have that might be used to satisfy (pay) the judgment debt. If you hav emissed a Hearing In Aid or Show Cause Hearing, then I suggest you contact the attorney that requested that hearing and make arrangments to give them teh information that you woudl have had to give at the hearing. They then woudl probalby be barred for requesting tha tyou be held in contmept or arrested.

As for the checks bouncing, you could possibly get a criminal prosecution out of that. A criminal conviction can result in a jail sentence. But, most prosecutor's offices have somwhat standard procudures for bounced check cases. It has been my experience that postdated checks (especially to payday loan establishments) rarely if ever result in a jail sentence. It is much more likley that you woudl be coerced into a quasi-civil/criminal program to either pay back the amount of the check (plus costs andn penalties) in funds or community service and be on probation for a period.

If your assets comprise of disability payments, there may not be any significant assets for the judgmetn creditor to execute upon. If you let their attorney know that, they may hold off taking any more action against you for a while. They can still bring you in for a Hearing In Aid periodically. If you are truthful, those should never result in your being arrested. If they find assets not connected to your disability checks, they may be able to execute agaisnt those.

This has been a general explanation of the process. You shoudl consult directly with an attorney in your area to get advice specific to the facts of your particular situation. Many offer a free or low cost initial consultaiton.

Good luck