New jersey criminal charge
Wrongful credit practices and related offenses in New jersey
Wrongful credit practices and related offenses is a criminal offense under New jersey law, defined by N.J.S.A. 2C:21-19. Its classification is not fixed: New jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:21-19.
What is the penalty for wrongful credit practices and related offenses in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 10 years (Criminal usury — rate exceeding 50% per annum — The interest rate charged on a loan to any person exceeds 50% per annum or the equivalent rate for a longer or shorter period.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Criminal usury — rate exceeding 50% per annum — The interest rate charged on a loan to any person exceeds 50% per annum or the equivalent rate for a longer or shorter period.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Criminal usury — rate up to 50% but loan exceeds $1,000 — The interest rate does not exceed 50% per annum but the loan or forbearance amount exceeds $1,000.00.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Criminal usury — rate up to 50% but loan exceeds $1,000 — The interest rate does not exceed 50% per annum but the loan or forbearance amount exceeds $1,000.00.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 6 months (no statutory minimum) (Criminal usury — other loans — Any violation of subsection a.(1) or a.(2) that does not meet the second or third degree thresholds described above.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to 1000 usd (no statutory minimum) (Criminal usury — other loans — Any violation of subsection a.(1) or a.(2) that does not meet the second or third degree thresholds described above.) | discretionary | N.J.S.A. 2C:43-8 |
| Jail / prison | 5 years to 10 years (Business of criminal usury — A person knowingly engages in the business of making usurious loans or forbearances in violation of subsection a.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Business of criminal usury — A person knowingly engages in the business of making usurious loans or forbearances in violation of subsection a.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Possession of usurious loan records — A person knowingly possesses records used to document criminally usurious transactions.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Possession of usurious loan records — A person knowingly possesses records used to document criminally usurious transactions.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 6 months (no statutory minimum) (Unlawful collection practices — A person sends a document falsely simulating official or judicial sanction to enforce a claim or judgment.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to 1000 usd (no statutory minimum) (Unlawful collection practices — A person sends a document falsely simulating official or judicial sanction to enforce a claim or judgment.) | discretionary | N.J.S.A. 2C:43-8 |
| Jail / prison | up to 6 months (no statutory minimum) (Making a false statement of credit terms — A person understates, fails to state, or falsely states credit terms including interest rate.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to 1000 usd (no statutory minimum) (Making a false statement of credit terms — A person understates, fails to state, or falsely states credit terms including interest rate.) | discretionary | N.J.S.A. 2C:43-8 |
| Jail / prison | up to 18 months (no statutory minimum) (Unlicensed debt adjusting — A person acts or offers to act as a debt adjuster without the required license and is not exempt.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Unlicensed debt adjusting — A person acts or offers to act as a debt adjuster without the required license and is not exempt.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is wrongful credit practices and related offenses classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Criminal usury — rate exceeding 50% per annum | crime of the second degree | The interest rate charged on a loan to any person exceeds 50% per annum or the equivalent rate for a longer or shorter period. | N.J.S.A. 2C:21-19undefined |
| Criminal usury — rate up to 50% but loan exceeds $1,000 | crime of the third degree | The interest rate does not exceed 50% per annum but the loan or forbearance amount exceeds $1,000.00. | N.J.S.A. 2C:21-19undefined |
| Criminal usury — other loans | disorderly persons offense | Any violation of subsection a.(1) or a.(2) that does not meet the second or third degree thresholds described above. | N.J.S.A. 2C:21-19undefined |
| Business of criminal usury | crime of the second degree | A person knowingly engages in the business of making usurious loans or forbearances in violation of subsection a. | N.J.S.A. 2C:21-19undefined |
| Possession of usurious loan records | crime of the third degree | A person knowingly possesses records used to document criminally usurious transactions. | N.J.S.A. 2C:21-19undefined |
| Unlawful collection practices | disorderly persons offense | A person sends a document falsely simulating official or judicial sanction to enforce a claim or judgment. | N.J.S.A. 2C:21-19undefined |
| Making a false statement of credit terms | disorderly persons offense | A person understates, fails to state, or falsely states credit terms including interest rate. | N.J.S.A. 2C:21-19undefined |
| Unlicensed debt adjusting | crime of the fourth degree | A person acts or offers to act as a debt adjuster without the required license and is not exempt. | N.J.S.A. 2C:21-19undefined |
Common questions about wrongful credit practices and related offenses in New jersey
What degree of offense is wrongful credit practices and related offenses in New Jersey?
It depends on the circumstances: wrongful credit practices and related offenses ranges from a disorderly persons offense to a crime of the second degree in New Jersey under N.J.S.A. 2C:21-19.
Criminal usury — rate exceeding 50% per annum: crime of the second degree (N.J.S.A. 2C:21-19undefined) · Criminal usury — rate up to 50% but loan exceeds $1,000: crime of the third degree (N.J.S.A. 2C:21-19undefined) · Criminal usury — other loans: disorderly persons offense (N.J.S.A. 2C:21-19undefined) · Business of criminal usury: crime of the second degree (N.J.S.A. 2C:21-19undefined) · Possession of usurious loan records: crime of the third degree (N.J.S.A. 2C:21-19undefined) · Unlawful collection practices: disorderly persons offense (N.J.S.A. 2C:21-19undefined) · Making a false statement of credit terms: disorderly persons offense (N.J.S.A. 2C:21-19undefined) · Unlicensed debt adjusting: crime of the fourth degree (N.J.S.A. 2C:21-19undefined)
What are the penalties for wrongful credit practices and related offenses in New Jersey?
Penalties for wrongful credit practices and related offenses in New Jersey depend on how it is classified — from a disorderly persons offense up to a crime of the second degree — with the ranges set by N.J.S.A. 2C:43-6 and N.J.S.A. 2C:43-8; the full table of ranges by variant is published on this page.
Which New Jersey statute covers wrongful credit practices and related offenses?
Wrongful credit practices and related offenses is governed by N.J.S.A. 2C:21-19 (Wrongful credit practices and related offenses).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.