Can You be Arrested for Defaulting on a Payday Loan?

NACBA has a good attorney finder. Noe they have started to call its a American now and he says they are going to take my drivers and garnisheed my wages for the loan I recieved that I never repayed. The phone number showed up restricted. I just got the call. They left 2 messages a general mailbox at work stating that they are calling for my name and they have been retained that they will come to my work or home to serve me because they could not get me on the phone considered myself notified and I needed to call and to reference a number. Again, any threats of jail for defaulting on a debt should raise red flags.

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If you have been contacted by a company threatening to arrest you for defaulting on your payday loan, chances are it is a scam or fraud. No, you cannot be arrested for defaulting on a payday loan. However, if you are sued or a court judgment has been entered against you and you ignore a court order to appear, a judge may issue a warrant for your arrest. A payday loan default can lead to a barrage of bank overdraft fees, constant collections calls, damage to your credit scores, a day in court and garnishment of your paycheck. Don’t think it can’t happen because you borrowed only $

Jail time? No — but threats are common

Could I be arrested if I don’t pay back my payday loan?

At the same time, lenders will start calling, sending letters from lawyers and contacting the relatives or friends you used as references when you took out the loan. Failure to repay a loan is not a criminal offense.

Nonetheless, some payday lenders have succeeded in using bad-check laws to file criminal complaints against borrowers, with judges erroneously rubber-stamping the complaints. You should never ignore a court order to appear in court, even if the criminal complaint was filed mistakenly. A lender would rather collect money directly from you than sell your debt to an outside collections agency. Third-party debt collectors may pay just a few pennies on the dollar to buy your debt. Get any agreement in writing, and make sure the document states that your balance will be reduced to zero.

Maybe a judgement against you but not arrested. Anyone have any ifo that would be helpful?? Are you sure you want to delete this answer? You have to give your correct info because they verify it before they give you money. Since you are writing a check, yes, you can be arrested.

The check would bounce, and when ANY check bounces you can be arrested. Generally, if you've never bounced a check before, they'll send you to some weird class about bouncing checks.

If you keep on bouncing checks, you will go to jail. If the company doesn't press charges, you won't get arrested. I guess it depends on how the person in charge of pressing charges is feeling that day. Regular loans are different, they get sent to collections agencies.

I got a thumbs down, but I know from personal experience Criminal Record Search Database: So many people giving you so many wrong answers Let's walk through a few things.. So, you did not present a check to get goods or services for it.

If you use someone else's information id theft or forgery ii. If you give false information fraud iii. If you give a check and do not have adequate funds to cover the instrument theft by check 4 Others are correct that you can have this item placed on your credit report and it will be sent to collections and people will harass you all day long.

Since you are not being tried for a criminal offense in a CIVIL court proceeding, the judge does not care if you show up. You did not wrong society or the government, but another individual directly. Thus, if you do not show up, the judge will place a default or summary judgment against you for the amounts being sought by collection agency.

All states have a statute of limitations rule. If you are worried that it might be legit, ask for a mailing address in case you decide to send a check.

But the best advice for the scams is to ignore them. Because I cannot give legal advice over the Internet, I recommend you speak with a local attorney if you want advice specific to your situation rather than general information. Now why in the world would a company in Alabama be calling to file charges on someone in Texas hummmmmmmmmm. If they are persistent or if you feel threatened, you should contact law enforcement immediately. I hope you laughed at him.

Those people are like sci-fi creatures that feed on fear. Bret, Not sure this web site is still active? I recently got married and a man called my Husband today, stating they are issuing a warrant for my arrest on theft ect: I thought I paid.

The guy then called my work making the same demands had all my info SS ect past address. The other a man called me, american accent. Asking me to verify my address so he could read me my charges. I asked him, what charges? He said I had to call a number to find out my charges, and he would call me back in minutes. I took my story to the police, they said I would have to get something in the mail, and to not worry about it and ignore the number.

I am still a little nervous. But even if this is the case, the worst the legitimate creditor can do is sue you.

You cannot be arrested for simply defaulting on a loan. Arrests and criminal charges are reserved for those who obtain credit they do not intend to repay.

Threatening arrest is a typical tactic used by scammers and unscrupulous debt collectors to frighten debtors into coughing up a bit more money. If you truly owe the debt, the creditor can sue you, but cannot have you arrested. Of course, this is only general information and should not be construed as legal advice. For legal advice specific to your individual situation, you should contact a local attorney.

No, you cannot be arrested for defaulting on a debt. You may be sued, but not hauled off to jail. Many of the callers claiming to represent creditors and threatening arrest are scammers hoping to scare some money out of you. Is it legal to recieve text messages from payday loan companies? Can they threaten to talk to other people about your debt, like my employer and HR department? I am unaware of any law that requires one to disclose a bank account number to anyone over the phone.

I just received a call from a so called mediator from a number. When I mentioned I would consult with my cousin who is the deputy district attorney for Los Angeles he got irate and told me good luck because I was going to jail and hung up on me.

Thanks for sharing your story. Of course, actually writing bad checks is a different story. But criminal charges typically arise only where there was an intent to defraud a creditor. Or just laugh at him; they hate that.

I have been reading everyones comments they have been very very helpfull, i have been getting the same calls from very high end CAlifornia office saying i wil be arested tommorow at place of employement and thia creditors have called my job, im afraid im devorced mother of 2 who just got employment.

Can this really happend in NY i defoulted 3 years ago on the payday loan. But I still have not heard of anyone actually being arrested for defaulting on a payday loan. Lots of threats by scammers, but no actual arrests by law enforcement. I called back at The stated that i would have no bond and I will have a court date on Jan 2nd and I will be sentenced to 8 months in prison.

I was very affraid I still am! I kept the guy on the phone I asked him for documents he stated that he could not release the contract it is evidence all he could send me is a email of the letter demanding payment. He emailed it to me and it looks like a invoice that is demanding money. I notice this letter did not mention any jail time at all nor does it say say anything about Jeffery being the Cheif procecutor requiring payment in lieu of my arrest tonight.

I filed chapt 13 Bankruptcy on this loan and the bank inwich the checks where written out of on this loan in ! I am still in Bankruptcy now until Oct Jeffery stated that this is a Federal loan that I cannot file bankruptcy on!

And that alot of people think that they can and per this contract I signed that is now considered state evidence it states that after 4 years the money is reported stolen and that is what makes it a federal offence because I stole the money and committed fraud by giving false information to obtain the loan!

I asked him haw did I steal the money and you had all my information and that you tried to garnish my wages inwhich prompt me to file chapt 13 in the first place? He again referenced this loan as a federal loan since it had not been paid off in 4 years and I had not made a payment.

I said you had to receive payment because the chapt 13 had to send you payment. And they would have told me if I could not enter this oan into the bankruptcy. I told him that it is no way I have that type of money on hand to give to him with no documents stating that my bankruptcy did not cover this!

I said ok, and tomorrow I will be in my Bankruptcy Attorney office seeing if they can have me arrested…….. I will let you know how this goes. The smartest thing you did was to contact your attorney.

These scammers can be quite convincing, but they are just blowing a lot of smoke. I doubt that Mr. I just got the call. I live in PA the phone number calling was listed in California So you know one of the numbers to look for, What a [expletive deleted].

While I generally advise against engaging with these people at all, it sounds like your method was effective. Just want to know if they could charge me for that for a payday loan and is this a scam to get me to pay money over the phone. They are saying that I will have three charges brought against me: I did in fact contact the FTC and they essentially told me not to worry about it and that it was written exactly like other scams they are aware of.

Also in googling this, I found that the same exact email but with different contact phone numbers than the one on mine. I am curious what your opinion of this email is. Does the federal government actually red flag ss numbers? Can I really be charged with these things? But it sure sounds like one to me.

Lenders can sue in small claims without hiring a debt collector. Washington law may be different than Wisconsin law in this regard. I recommend you speak with a local bankruptcy attorney for advice specific to your individual situation. If you are charged criminally by the D. Your advice is so helpful. I have a situation where a company by the name of Office of Federal Processing call me several times a day harassing me.

I told her she should have talked to me first. This happened a couple of days before Christmas so that ended up being my gift. What would you advise me to do? The main thing I want is for them to stop calling my family and disclosing all of my business.

Most of the scams are overseas and nearly impossible to reach. But if this outfit is in the U. You should contact a local bankruptcy attorney. As with all of these situations, I advise you to speak with a local attorney. However, as a matter of general information, such calls are typically scams or prohibited collection practices.

Debt collectors do not have the power to arrest you for nonpayment. In cases of check fraud, the debt collector may refer the matter to the local District Attorney, who can file criminal charges.

But the debt collector has no standing to file criminal charges himself. I received a phone message today stating that they were going to file a fraud charge against me, presumably for a payday loan I could not pay, when I lost her my employment.

We were also informed they had called my previous employer and left a similar phone message, not even recognizing it was a business. They called my in-laws and said they were from the summons department in our county where we live and they wanted to talk to me before they proceeded with a case against me and arrest.

Strangely, I noticed that the phone was unknown. Seems to me, if this were legit they would have our address. If this had been from the courts in our area, the number would also have been listed.

Their message said to call this number and extension but they never even identified the company that was supposedly doing this. I lost my job and income. I cannot pay this at this time. Should I call these people back? It certainly put a lot of fear in me until I thought about it a little bit. They can sue by filing a civil complaint. I have a question. Me and my wife took a payday title loan. And ive been unemployed the past 2 months. Im days past due.

So the loan is in default. And the repo guy came to get the car but I dont have it anymore.. He repo guy said I can get arrested for grand theft auto. Is this true or will they take me too court. I was told its illegal for them to use threatening scare tatics. So take anything he tells you with a grain of salt.

Disposing of collateral may result in you being liable for damages for conversion in a civil suit, but it would be rare for such a thing to rise to the level of theft or criminal fraud. Take advice from a local attorney, not the guy who makes his money by taking your car from you. When you speak to your attorney, be sure to detail what the repo agent said.

I was past due on a payday loan so an atterney sent me a letter that the company is issuing a warrant for my arrest and that I may be seen on crime stoppers can this happen. As you can see from the other comments on this post, debt collectors cannot issue a warrant for your arrest. They can sue you, but they must go to the District Attorney if they want to have you arrested.

I have had this problem since last year. I had to close and reopen my account I had to pay never have gotten my money back. Then the phone calls start saying I defaulted on my loan and the sheriff was coming for me.

Then it went to I had 24 or 48 hours to contact or I was going to be arrested. They call my house my job. They are forgein with American names. I had to flag my ss and turn it in to the creditors.

They have my information!!! Noe they have started to call its a American now and he says they are going to take my drivers and garnisheed my wages for the loan I recieved that I never repayed. He told me himself about the forgein people with the American names, said he has heard about them. I ask him who he worked for and could I have the companys name contact info.

He only gave me a name something I have never heard of. He stated he had no contact info. I have no idea how to get rid of these people! I have turned it in to the attorney generals office but they continue to call. I am afriad they will get into my account again. I want it to stop! This sounds more complicated than the typical phone call threatening arrest unless a payment is made.

In my opinion, you should contact a local attorney as soon as possible. I recieved a call form a man in Chicago. He said i would lose my drivers liscense and be prosacuted for bank fraud. He told me they have to get the money now because time is running out for them to collect.

Thay called my employer and said they were trying to serve me with legal documents. He said i could make payments so he wanted If i didnt call him back today it was going before a judge and i would be arrested.

In either case, my only advice is to contact a local attorney to help you decide if you should file an FDCPA claim, contact the appropriate law enforcement agency, or simply ignore this caller. To reiterate my main point, you cannot be arrested for merely defaulting on a payday loan.

Debt collectors may sue you, but they cannot file criminal charges or order the local police to arrest you. He is in Louisiana and said this is going legal and I could be arrested and he needs my attny.

He gave me the debtor name of American Cash. Never heard of them. Says there will be a warrant out for me because he is a legal firm.

Could not find this law firm anywhere in LA. As a matter of general information, keep in mind that you cannot be arrested for simply defaulting on a payday loan. You can be sued, but not arrested or charged with a crime. Of course, fraud is a different matter. If you took out a loan with the intention of never repaying it, the district attorney could charge you criminally. The fact that this caller says he works for a law firm means nothing.

I am getting the same thing. I get a call and I do have a legitimate if you look it up it says another company but if you call back you do get same person with a foreign accent. They ask if a sheriff has been to my door. They have my last 4 of social security, address, drivers license and bank name. I hung up on him but he keeps calling back from same what do I do. Ask if you should bring a toothbrush. As always, this is just general information and is not intended as legal advice.

For advice specific to your situation, you should contact a local attorney. ID just like to say thank you for this online article. Then hung up and i havent heard a word since. I got a call from a local number this morning stating that he was a courier for the county and sheriff and had papers to serve me but only had my place of employment but would rather meet me at my home address.

He gave me a number to call and to give them my home address and then that company would turn around and fax him my home address and once he received that fax that he would call me so we could set up a time for him to meet me at my home. It just seems sketchy to me and scares me! Thank you so much for any advice you have! I greatly appreciate it!! I only give general information online; for advice specific to your situation, you need to speak with a local attorney. I only give advice to clients.

I think your instincts are serving you well. If the caller were a legit process server, he would have your home address. It sounds to me like this caller was just putting a new spin on an old scam. Please keep in mind that I do not give legal advice online.

I only give legal advice to my clients; anything written here is simply general information that is not intended to be advice specific to your individual situation. In general, a bounced check that was presented as security for a payday loan is not a criminal matter.

When presented, the lender knows that the funds are not there to cover the check. There is no intention to deceive or assertion that funds are available and that the check will be honored.

State laws vary, but this is the general rule. He said he was contacting me today in regards to a document that he received here through Bristol County. Unfortunately the documents have my name and social security number on then and so they have been red blagged by the attorney pending this call. Unfortunately they do have a direct request of a signature so he will be stopping by my house as well as my place of employment over the next 72 hours, I have roughly until about 5: Upon his arrival, if i could show him identification as well as a witness present.

You have been given notice. Is this real or is it a scam? Please help, very worried. All I can do is give general information that you can use to decide if you need to contact a local attorney.

If you are sued, you may be visited by a process server. Process servers do not typically call ahead, you do not need to show identification to be served, and witnesses are not required. Furthermore, process servers do not have the authority to place you under arrest or take you anywhere. They simply hand documents to you. Hello- I received a call from an individual who was american statind I took out an internet loan in from CashNet USA and I have until 6pm today or the file will be released to by state for processing.

He said I have felonies pending, check fraud, and internet wire fraud. Can these sort of charges occur from an internet company, I thought these were civil matters? I did have a loan with them but I thought I paid it off, I cannot remember.

You are correct; such loans are civil matters, unless you actually took them with no intent to repay or somehow fraudulently induced the lender to give you the funds.

CashNet may pass its file off to a debt collector, but county District Attorneys rarely if ever pursue criminal charges in these cases. If you receive a lot of these calls, I recommend you speak with a local attorney.

So i have received a few calls now from a man by the name of Christopher Anderson who says he is a criminal investigator and that i am being charged with check fraud, bank fraud, and wire fraud.

He is calling me from a texas cell phone number but claims the law firm he works for is Goldstein and Barone in New York. When i googled the law firm it comes up with a bunch of comments how this is not a legit company and that its all fraud.

He also has a hotmail or gmail email address. I called the bad check unit of the state i live in which is not texas or new york and neither of them have anything recorded under my name. How do i get him to stop? The more you contact scammers and ask them to stop, the harder they tend to push. If ignored, they usually move on to easier targets.

My husband and I told loan companies we were filing bankruptcy about 3 weeks ago and we have retained a lawyer. Is any of this legal? The FDCPA allows debt collectors to contact third parties to obtain location information for you, but does not allow them to divulge the fact that you owe money. You should definitely let your attorney know about the calls. Once you file the bankruptcy, creditors are not allowed to contact you without getting relief from the automatic stay.

I just got a call from a foreign guy who said I was going to be arrested for not paying back a payday loan I never received. Said that there was going to be a police officer coming Friday to arrest me at work. I never received any money so why would they be bothering me for me to pay it back? The call was from La and I live in West Virginia.

He said I had three charges they were going to file against me today an that an officer would arrest me Friday at my workplace. That set an alarm off in my head that this could be a scam. But if it is indeed serious, and I never received any money from them, how can they charge me with not paying it back? He called from a area code. I do have a outstanding loan and I was paying alittle at a time to another company.

He said they sent the loan to him and he works for the states attorney. Why would the states attorney in Texas have my loan papers from Va. Is this person right and he can take a warrant out today. If a warrant is issued for your arrest on a criminal matter, you will not be given the chance to pay in order to make it go away. The sheriff will simply show up at your house. This sounds like another version of the scam I mentioned at the end of the original post above.

Is this a scam or can they actually do this? If you really did write a bad check, you could get charged by the local D. If you really defaulted on a payday loan, you may be sued and the judgment creditor might be able to garnishee your wages. I recommend you speak with a local attorney. He or she will be able to give you legal advice regarding these calls.

Over the past week I have been receiving calls at work and on my cell but I have not answered. They called from They left 2 messages a general mailbox at work stating that they are calling for my name and they have been retained that they will come to my work or home to serve me because they could not get me on the phone considered myself notified and I needed to call and to reference a number. I got similar calls on my cell phone stating they are calling for me and on my voicemail stated my address and they they will come to my work or home to serve me but I can settle out of court with the plaintiff by calling them back at the number.

They call about times a day I can see on my work caller id. I do not want them to call me at work or at all. They never give the statement this is an attempt to collect a debt or anything. As always, I recommend you contact a local attorney. Be sure to check out the FBI info I posted above regarding scams. When I requested that documentation of loan taken out in , she said any arrangements would have to be made over the phone, no documentation would be or could be mailed and she had my address information incorrect.

At first the only thing that they could do is take off 1, What made me more upset is the voice mail that was left pertaining my name, birth date, age and address along with the threat that if not called back by 8pm will be arrested. I live in New Hampshire and took out 2 payday loans back in the summer of , after 2 months of both lenders clearing my bank account, the back involunterily closed my account, after falling behind on rent, facing eviction and not knowing how to feed my two children, I had to stop direct deposit.

They also tell me the paperwork has been filed in the county I live in a I would be served. When I recently asked for address, credential information they have hung up on me or been verbally assaultive, telling me the police will be arresting me if I refused to pay. I am still a single mother making just enough money to pay the bills to keep us afloat, like rent, food, heat, etc and cannot pay currently, I also have continuing health issues and these contant calls are only making me feel worse, like anxious, worried all the time.

These guys are so mean and have even called family of my childrens father looking for, as well as calling my parents and threatening them as well, telling them they will be arrested also for aiding and abedding. I am so stressed and have no idea where to turn or what to do next!

The only help I can provide is to recommend you speak with a NH bankruptcy attorney. Although it sounds like many of those calls are coming from scam artists, an attorney can help you deal with any legitimate debts you may have. Please read the FBI notice that I reposted above.

If you do not owe the money, the FBI recommends you contact local law enforcement and file a complaint. If you owe the money, the FBI recommends you contact the creditor to confirm the balance owed. I received a call from a number that came up as Emergency. The guy was saying he is Officer … badge number… and he was calling from my state police department.

He said he received an arrest warrant for me and would be at my home in a few hours to arrest me. He gave me a case file number and a phone number and said I had to make arrangements with the people at this number to cancel the warrant. What seemed fishy to me was when I called the number the guy wanted me to get a GreenDot MoneyPak to send this money that I owe.

Is this a scam? That sounds a lot like the scam the FBI detailed above. As frequently stated, I am not licensed to practice law anywhere but in Wisconsin and nothing written here is intended to be legal advice. If you are concerned about this caller, you should contact local law enforcement or a local attorney. I just got a call from a Cali number being extremely rude. I have taken out payday loans but they r either paid or with a payday loan consolidation.

He calls one after the other. Knows my whole social. Also knows my work place. Said I have check fraud and other things. Only a net spender card from wal greens.. Guess I will not answer or be very rude.

He has called 20 times in a row. Is my social security threatened or my email and or work place? They are definitely foreign. Can barely understand them. The fact that the caller knows your full SSN is troubling. You might want to contact the credit reporting agencies, your bank s , and the Social Security Administration if you believe you are the victim of identity theft. They know what they are doing and are usually immune to rude replies.

Ignoring scammers usually works, but your mileage may vary. Keep in mind that this is just general information. For legal advice specific to your individual circumstances, you should contact a local attorney.

My boyfriend is a cop so I called him and he called them asking them to stop. They then called me and it popped up as my boyfriends name then my work number.. They called me some very inappropriate names after telling them to stop. Any ideas on who to call to make sure my social is protected?

I am calling my bank now. Also who should I contact about my credit being safe? Those calls sound less like debt collectors or even scammers and more like harassment. Again, if you feel threatened, you should contact local law enforcement. Thanks to everyone for sharing their experiences. The best way to protect yourself from scams is to be informed! Please see some of the comments above.

Your attorney will be able to tell you if you can be arrested in Tennessee for defaulting on the loan. Hi, I have received call from a credit company at my job today. Can they do that? See the messages above. In most cases, callers threatening to arrest you for defaulting on a debt are simply scammers. I keep getting a call from a Mr. He said I took out a payday loan in January of and never repaid it. I have not had anyone try to contact me in any form about a loan that I still owed.

I have had payday loans but paid them back. He said they buy lots of accounts from payday lenders and because he has my banking info and ss and contact info that it is a legitiate payday loan. He also told me that they would notify me of the loan company once the papers are filed and a court date was set because they would prosecute. He keeps on and on and on. For legal advice, you need to speak with a local attorney. As a general matter, this seems to fit the model of the scam the FBI described in the cut-and-paste above.

If it is a scam, ignoring the caller usually works. Engaging with or arguing with them only encourages them. If it is a legitimate debt collector, your attorney can tell you how to request a verification of the debt and how to deal with the debt if it is a legit obligation. I got a calls several in an hour, to home and cell yesterday from Integrity Group and Associates they also called my sister said I used her as a contact and they called my husbands cell.

Stating that I was going to be served with papers on a lawsuit at my home or place of employment or wherever they can find me. For a payday loan that was taken out Nov. All they guy said was that I was going to be served papers, and would be charged with check fraud, etc. He also put me on hold several times!! I was transfured to this department and made payment arrangements with this lady.. I gave her my debit card number and did the whole recording thing.

They new all of my info previous addresses, previous work places, previous numbers, etc … but only made me say the last 4 digits of my SSN. He was yellling at me and I told him to stop, asked the original collectors name and he said the same name that I had just talked to this other comp about. While on the phone our house phone rang agian and it was the same recording!! I also called the FTC and reported both numbers. The statute of limitations on debt collection in Wisconsin is six years from the date of the last payment.

Promising to make a payment but rescinding that promise is not likely to constitute a payment. I advise you to speak with a local bankruptcy attorney. Some of the calls you are getting may be scams, others may be for legitimate debts you owe. Your attorney can help you with the latter and reassure you about the former. In I made an online payday loan n because of personal problems I close my bank account n as time went by I completly forgot about the loan. Three days ago I get a call from a lady saying that a warrent has been issue doe arrest for internet fraud n if I dont pay I will b arrested within hours.

I have not been able to sleep since than, can they do that? Im not working, I cant even afford to pay a lawyer. No, you cannot be arrested for simply defaulting on a payday loan.