Law Offices of Michael J. Primus

Personal & Business Bankruptcy Attorney serving San Francisco Bay Area Since 1993

  • Home
  • Offices
    • Walnut Creek Office
    • Hercules Office
    • Antioch Office
  • Bankruptcy Basics
  • Resources
    • AVVO Legal Guides
    • Common Questions Video Series
    • Real People, Real Questions, Real Answers
    • Free Credit Report
  • Blog
    • Bankruptcy
    • Credit
    • Marriage & Divorce
    • Student loans
    • Taxes
  • Contact
  • Top Rated

Bankruptcy Gets Rid of Payday Loans

July 29, 2015 by Michael Primus

Many people in Walnut Creek, Concord, and Antioch may wonder, what is a payday loan?  Payday lenders offer small, short term loans with little or no credit check or income verification.  They are usually small shops in strip malls.  Typically the loans are for about $300 and are due in 14 days.  Generally, the borrower writes a post-dated check for $300 but gets only $250, and in just two weeks the full $300 is due.  The borrower can pay about $50 to extend the loan for another two weeks or pay the full $300.  If the borrower fails to pay either the $50 or the full $300, then the payday lender deposits the post-dated check.  These loans are easy and convenient but carry interest rates ranging from 100% to 500% on an annualized basis.  How can that be legal?  Payday lenders exploit loopholes in the usury laws so that even a 500% interest rate is legal.  With interest rates like that, it’s no wonder payday lenders are popping up like weeds in the spring!Today - Payday small

Most people who borrow from a payday lender have been turned down for traditional loans and only out of desperation take a payday loan.  Too often, the person takes a second payday loan to pay the first and begins a downward cycle.  Like quicksand, the payday loan cycle is nearly impossible to get out of.  Soon the person – in dire financial straits before the first payday loan – has several loans with payments due every two weeks.  Often the payments are taken directly out of the borrower’s bank account on payday, hence the name.

As the cycle continues, the borrower goes deeper and deeper in debt.  Many borrowers will have up to 5 payday loans, usually from different lenders   Soon some of the post-dated checks begin to bounce, marking the beginning of the end.  As the checks bounce, the borrower incurs bounced check charges, further compounding the problem.  Often on the verge of eviction due to unpaid rent, the borrower asks “How can this craziness end?”  The answer might be bankruptcy.  A bankruptcy is a federal court order that gives people a “fresh start” by forgiving debts including payday loans.

This is a general discussion of the law and should not be relied upon.  Any person considering bankruptcy should consult a lawyer for a detailed discussion of his or her rights and options.

At the Law Office of Michael Primus, we have helped hundreds of clients get out of debt, stop wage garnishments, and start fresh through bankruptcy.  If you live in Contra Costa County and have debt problems, contact us for a free in-office consultation.  We have offices in Walnut Creek, Antioch and Hercules.

 

Filed Under: Bankruptcy, Blog

From the Blog

If my wages get garnished, how much can they take?

May 29, 2023

Will I lose my job if I file for bankruptcy?

April 23, 2023

What is the lookback period in bankruptcy? 90 days? One year? More?

April 5, 2023

The Continuing Problem of Identity Theft

March 25, 2023

New Guidelines Make Discharging Federal Student Loans Easier In Bankruptcy

March 23, 2023

Blog Categories

  • Bankruptcy (41)
  • Blog (87)
  • Common Questions (7)
  • Credit (17)
  • Featured (6)
  • Marriage & Divorce (7)
  • Student loans (4)
  • Taxes (3)
Lawyer Michael Primus | Top Attorney Chapter 7

Bankruptcy, Not The End But A New Beginning.
We are a debt relief agency.
We help people file for bankruptcy.
We provide Flexible Payment Options.

Get Started with a Free 30-Min Consultation

Office Locations

Walnut Creek
2950 Buskirk Avenue
Suite 300
Walnut Creek, CA 94597

925-934-0500

Get Directions

Google Reviews

Yelp Reviews

Antioch
511 West 3rd Street

Antioch, CA 94509

925-706-9200

Get Directions

Google Reviews

Yelp Reviews

Hercules
500 Alfred Nobel Drive
Suite 135
Hercules, CA 94547

510-741-1800

Get Directions

Google Reviews

Yelp Reviews

  • Privacy Policy
  • Sitemap

Copyright © 1992–2025 · Handcrafted by Iron Leaf Media

Determining if bankruptcy is right for you requires specific guidance from an attorney because each situation is different.
The information here is general in nature and is not a substitute for an in office consultation with a lawyer.