North Carolina · checked October 24, 2026
Payday loans in North Carolina: the rules and your way out
Typical payday loans not allowed
North Carolina's law authorizing deferred deposit (payday) loans by check cashers expired in 2001, check cashers may not lend, and small loans must follow the usury limits or the Consumer Finance Act's installment rules, so payday loans are illegal.
Law: N.C. Gen. Stat. 24-1.1, 24-2 (usury); 53-164 et seq. (North Carolina Consumer Finance Act, esp. 53-166, 53-173, 53-176, 53-190); 53-275 et seq. (Check Cashers Act, esp. 53-281 (expired) and 53-283). General Statutes as published by the NC General Assembly, read 2026-10-24 (latest amendments shown: S.L. 2023-61 for 53-166, 53-173, 53-176, 53-190; S.L. 2019-10 for 24-1.1)
North Carolina's rules, line by line
- Fee or rate cap
- General usury limit for loans of $25,000 or less: the Commissioner of Banks' monthly rate (6-month T-bill rate plus 6%) or 16%, whichever is greater (G.S. 24-1.1(a)(1), (c)). Licensed consumer finance lenders may make installment loans of up to $25,000, repayable over 12 to 96 months in equal monthly payments, at up to 33%/24%/18% tiered rates plus a capped processing fee (G.S. 53-176(a)-(b)). Bank loans under $5,000 to individuals for personal use are limited to 36% APR including origination fees (G.S. 24-1.1(e)(3)).
- Payment plan if you cannot pay
- No. North Carolina has no payday lending statute and no payday extended payment plan.
- State loan database
- No.
- Limits on collection
- Making, servicing or collecting a loan of $25,000 or less above Chapter 24 rates without a Consumer Finance Act license, or otherwise violating the Act, is a Class 1 misdemeanor, and the loan is void: the lender may not collect, receive or retain any principal or charges (G.S. 53-166(a), (c), (d)); this reaches evasions disguised as cash rebates or sales (53-166(b)). Loans of $25,000 or less made outside North Carolina at higher charges than 53-173 and 53-176 allow cannot be enforced in North Carolina, unless every part of the transaction happened outside the state, and NC licensees may not collect such loans made to NC residents (G.S. 53-190). Knowing usury forfeits all interest, and a borrower who paid it can recover twice the interest paid, including as a counterclaim (G.S. 24-2).
- Other rights
- Check cashers may not make loans or extensions of credit or discount notes or checks (G.S. 53-283(2)); the deferred deposit exception in G.S. 53-281 is marked 'Expired'. On licensed consumer finance installment loans, borrowers may prepay without penalty and may cancel within three business days by returning the amount financed, up to twice in 12 months (G.S. 53-176(e)).
If you are behind on a payday loan in North Carolina
- Check whether the loan was legal to make. North Carolina does not allow payday loans at typical payday prices. If a lender charged more than the state's limit, report it to the North Carolina Office of the Commissioner of Banks (NCCOB) through its complaint page.
- Stop the automatic withdrawals if they are emptying your account. You can revoke the lender's permission to debit your account and tell your bank. How to do it.
- Look at a credit union payday alternative loan. Federal credit unions can lend $200 to $2,000 at much lower cost. How they work.
- Talk to a nonprofit credit counselor. A counselor can look at all your bills, not just this one. How to find a real one.
Check a lender, or report one
- Check whether a lender is licensed in North Carolina
- File a complaint with the North Carolina Office of the Commissioner of Banks (NCCOB)
- File a complaint with the Consumer Financial Protection Bureau
Sources
- G.S. 53-166, Scope of Article; evasions; penalties; loans in violation of Article void, read 2026-10-24
- G.S. 53-176, Rates, maturities, and amounts, read 2026-10-24
- G.S. 53-173, Computation of interest, read 2026-10-24
- G.S. 53-190, Loans made elsewhere, read 2026-10-24
- G.S. Chapter 53, Article 22 (Check Cashing Businesses), incl. 53-281 (Expired) and 53-283, read 2026-10-24
- G.S. 24-1.1, Contract rates and fees, read 2026-10-24
- G.S. 24-2, Penalty for usury, read 2026-10-24
- NCCOB, Consumer Inquiries and Complaint Information, read 2026-10-24
This page summarizes the law; it is not legal advice. Laws change, and the statute and regulator control. If something here is out of date, write to hello@paydayloan.help.
You do not have to sort this out alone
A nonprofit credit counselor can look at the whole picture with you.