Legal Question in Credit and Debt Law in North Carolina

i took out a personal loan and they were taking payments threw ach. i recently revoked authorization to ach my bank account. i did this because i didnt have the funds and i would have had more nsf aganist my bank acount. i know i am civil liable and can be sued but can they try to take criminal.action aganist me. thank.you


Asked on 7/31/15, 7:09 pm

2 Answers from Attorneys
Rachel Hunter

Not paying one's debts is not a criminal matter unless you specifically took out the loan with the intent not to pay it back, which you did not because you made some payments.

This sounds awfully alot like a payday loan. If its a payday loan, then its probably illegal unless the lender complied with PA law. I have an article about payday loans in Pennsylvania at my website at www.rachelhunterlaw.com. If you are dealing with a payday loan, I would encourage you to read it for the information there so you can educate yourself.

And NEVER allow a company to ACH payments from your bank account. Now that they have your information I suggest that you completely close this account and open another account at the same or a different bank.

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Answered on 7/31/15, 11:58 pm
Lynn Coleman Attorney-Mediator

Ms. Hunter is correct. This is not a criminal matter. If you are being threatened with criminal prosecution for failing to repay a loan, contact an attorney with the specifics, or contact the North Carolina Attorney General's office.

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Answered on 8/03/15, 6:09 am


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