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Payday loans in New Jersey

Effectively prohibited. New Jersey’s criminal usury limit is 30% — and check cashers are separately barred from advancing money on a post-dated check.

New Jersey criminal usury — N.J.S.A. 2C:21-19

Above 30% is not a civil dispute in New Jersey. It is a crime.

The Department of Banking and Insurance sets it out plainly: the civil usury rate is anything above 6% where there is no written agreement, or above 16% where a written contract specifies the rate. The criminal usury limit is 30% for non-corporate borrowers and 50% for corporations.New Jersey · RegulatorNJ Dept. of Banking and Insurance — the civil usury rate is any rate greater than 6 percent without a written agreement and greater than 16 percent with one; the criminal usury limitation is 50 percent for corporations and 30 percent for non-corporate borrowers

A payday loan at a typical rate sits an order of magnitude above that line. Separately, N.J.S.A. 17:15A-47 bars check cashers — licensed or not — from advancing money on a post-dated check, which removes the mechanism the product depends on.

N.J.S.A. 2C:21-19 (Wrongful Credit Practices) · N.J.S.A. 17:15A-47 · Consumer Finance Licensing Act

The Department’s own warning is about the internet

DOBI has stated that although few payday lenders operate storefronts in New Jersey, residents can still be victimised by internet-based lenders located outside the state.New Jersey · RegulatorNJ Dept. of Banking and Insurance — even though few payday lenders operate in storefronts in New Jersey, residents can be victimized by internet-based lenders located outside the state's borders

If you are being charged a triple-digit rate in New Jersey, the loan is almost certainly outside the criminal usury limit. Report it to DOBI on 1-800-446-7467, and speak to a legal aid office before deciding what to do about the debt.

Payday lending
Effectively prohibited.
Criminal usury limit
30% for individuals; 50% for corporations.
Civil usury limit
6% without a written agreement; 16% with one.
Post-dated checks
Check cashers may not advance money on them — N.J.S.A. 17:15A-47.
Who may lend
Banks and licensed lenders, within the usury caps.
Online lenders
The laws apply to in-state, out-of-state and online lenders alike.
Regulator
Department of Banking and Insurance · 1-800-446-7467 · dobi.nj.gov
Statutes
N.J.S.A. 2C:21-19; N.J.S.A. 17:15A-47

If money is being taken from your account

You can revoke authorisation and instruct your bank to stop the payment, whatever your agreement says.

What Regulation E says about automatic payments →

Every figure carries the jurisdiction and the exact provision it came from. Click to open the source.

Debt-collection law in New Jersey

A payday loan is a consumer debt. If it goes unpaid, two New Jersey rules decide what a lender can do next: how long it has to sue you, and how much of your pay a court can order taken.

Being sued over an old payday loan? A collector can still file, but the time limit is a defence you can raise — and you cannot be jailed for the debt. What can and cannot happen if you don’t pay →

Sources. New Jersey Department of Banking and Insurance, press release on payday lending and usury limits. N.J.S.A. 2C:21-19 (Wrongful Credit Practices); N.J.S.A. 17:15A-47.
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