What happens if you can't repay a payday loan

If you miss a payday loan payment, the lender will try to debit your account, add fees and eventually send the debt to collections or sue. You cannot be arrested, and you can stop the automatic withdrawals and ask for a payment plan.

Updated by the Northlight editorial team, with 4 cited sources

The short version

  • Failed debits cause fees from both the lender and your bank.
  • Unpaid loans can go to collections and appear on your credit report.
  • A lender can sue, but cannot have you arrested.
  • You can revoke bank authorization and request a payment plan.
On this page
  1. The first days: failed debits and fees
  2. The first weeks: calls and collections
  3. Later: a possible lawsuit
  4. What cannot happen
  5. What to do right now
  6. If the loan was illegal in your state
  7. Common questions

The first days: failed debits and fees

On the due date the lender cashes your check or debits your account. If the money is not there, the payment bounces. The lender can add a returned-payment fee where state law allows it, and your bank may charge its own insufficient-funds or overdraft fee. Lenders often retry, sometimes in smaller amounts, and each failed attempt can trigger another bank fee.

The first weeks: calls and collections

The lender will call, email and write. After a period that varies by company, it may sell or assign the debt to a collection agency. Collection accounts can be reported to the credit bureaus and stay on your report for up to seven years. Debt collectors must follow federal rules: no threats, no calls at unreasonable hours, and no contacting you at work if you tell them not to.

Later: a possible lawsuit

A lender or collector can sue for the unpaid amount plus allowed fees. If it wins a judgment, it may be able to garnish your wages or levy your bank account, subject to state limits. Always respond to a court summons. Ignoring it produces a default judgment, even on a debt you could have disputed.

What cannot happen

You cannot be arrested or jailed for failing to repay a payday loan. A lender that threatens arrest, or says it will file criminal charges over a bounced check, is breaking the law in most states. Report it to your state regulator and the CFPB.

What to do right now

  1. Contact the lender before the due date and ask for an extended payment plan. Many states require one at no extra cost.
  2. Stop the automatic debits if they are draining your account: revoke the authorization in writing and give your bank a stop-payment order.
  3. Do not take a new loan to pay the old one. That is how one fee becomes many.
  4. Call a nonprofit credit counselor for a free review of your options.
  5. Keep records of every call, letter and payment.

If the loan was illegal in your state

In states that ban payday lending, or where the lender had no license, the loan may be void or the lender may be barred from collecting fees. Your state regulator or attorney general can tell you where you stand; see your state’s page.

More help: getting out of payday loan debt and can payday lenders sue you.

Common questions

Can I go to jail for not paying a payday loan?

No. Unpaid consumer debt is a civil matter. You can be sued, but not arrested for the debt itself.

Will an unpaid payday loan hurt my credit?

Yes, once it is sent to collections and reported. Payday lenders rarely report loans that are paid on time.

How do I stop a payday lender from debiting my account?

Tell the lender in writing that you revoke authorization, then give your bank a written stop-payment order at least three business days before the next debit.

Does Northlight lend money?

No. Northlight is an information site. We explain costs and state rules; we do not make loans or credit decisions.

Check the rules where you live

Whether you can borrow, how much, and what a lender may charge all depend on your state.

Sources

  1. CFPB: What can I do if I can't repay my payday loan?
  2. CFPB: Could I be arrested if I don't pay back my payday loan?
  3. CFPB: How can I stop a payday lender from taking money out of my account?
  4. CFPB: Can a payday lender garnish my wages?