Can You be Arrested for Defaulting on a Payday Loan?

That is their motto. My sister is calling her creditor and filling charges on them and I am scared to death that they are going to show up. In some states, the interest on the loans will prevent you from effectively repaying the debts in monthly installments; if you find that to be the case, you should contact the payday lender to try to work out repayment terms that will work with your budget. Any ideas on who to call to make sure my social is protected? Thank you for your prompt response. No, you cannot be arrested for simply defaulting on a debt.

Bank withdrawals and collection calls

I over-extended myself with 4 payday loans. How do I get myself out of this mess?

This person tells the victim that there is a warrant for their arrest for default on a payday loan. The caller will then offer the victim an “opportunity” to get out of the warrant by . After doing research regarding Internet payday loan laws in the State of _____, I have found that your Internet payday loans are actually illegal. I have also found the following laws to be true applying to payday loans in the State of _____ in general. Oct 12,  · also offers more information on the Payday Loan Information page, and has answered reader questions about payday loans in California, Florida, Illinois, Massachusetts, Missouri, New York, Texas, and Virginia. If you do not repay a payday loan, the payday loan company has several legal remedies, including wage garnishment, levy, and lien.4/4(7).

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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.

You have options such as settling the debt for less than you owe or filing for bankruptcy if your debts are overwhelming. Each failed attempt can trigger a bank fee against you. Successful attempts could drain your bank account and cause other transactions to bounce, resulting in more fees. 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.

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If you are not comfortable doing business with a sovereign instrumentality that cannot be sued in court, you should discontinue use of this website. Nashville Payday Loans While payday loans are legal in the state of Tennessee, there are certain terms and restrictions that apply statewide. Get Back on Track You do not need to resort to a payday loan to get out of debt.

I responded that if for defaulting on a pdl leads to be treated like a criminal, then i was ready to go the full length of the law. I banged the phone. I saw the number the second time, but i did not pick it because i just deduced that its not from a true law enforcement officer. However i later decided to call the number, but of course, it rang the emergency number and a true officer came on asking if everything was ok.

I said its ok and I then asked about the number that shows up when they call people. That settles it with me. But at work i just google the issue and i did got a lot of education on these scams.

Keep in mind that simply defaulting on a debt may result in a law suit, but not jail time. Thank you so much for ALL of your posts!! I had someone call and tell my very sick mother my license was going to be suspended as of today and an arrest warrant was going to be out unless I show up to court a week from today..

They said it was for a payday loan from that I defaulted on.. They terrified my mother and myself and I almost paid! Great help on this site! Can I be taken to court? However, in most jurisdictions you can be sued if you default on a debt, but you cannot be jailed.

See this post for more info. I also live in N. The phone number showed up restricted.. I did cancel that card because they were taking out payments too early. I had until 2pm tomorrow to give my bank information or she would let them process this case.

If you actually defaulted on the debt, they may sue. For legal advice specific to your individual situation, you need to contact a local attorney. What is the limitation for going after someone from tennesse. Got a call saying that thier giving me 24 hrs to respond n set payment arrangements or someone will be by my house to serve me. But as a general matter, threats of arrest are common signs of a scam.

This girl called me last week. Saying that I had a debt in a state I do not even live in. Said if I did not pay her that I would have a warrant out for me. Said she did a deep background check on me.

She would only give me a address no state or zip. So she called back a hour later saying I would be in court this week and arrested. Myself and my friend called the number. And today about a hour ago same girl called from a oakville mo number. And the first time she called from a Jacksonville Florida number. She has left a message. But she keeps calling. Yep, those scammers can be relentless.

It depends on what the statute of limitations is for collections in your state. If you want to discuss options for dealing with your debt, contact a local attorney. NACBA is a great place to start. I have been contacted by someone threatning check fraud because i got a payday loan and payed on it several times then i lost my job and couldnt pay it anymore. Can they file charges because checks bounced. Speak to a local attorney. I know this may not sound right but Texas courts are throwing people into jail for not paying on their payday loan.

Im not sure what the other states are but it may be prudent to check out what has been going on. I would hate to see anyone go to jail based off of your advice. Your a good man with a big heart. I know this because yo take the time to help people on your website for free and thats wonderful. I saw it on this web site and several others. Apparently there are still debtor prisons in the US after all this time.

I think its utter nonsense. This country has become so misguided and off the path. Ill leave a link to the one website that I remember. Hope everyone and yourself are all healthy and happy.

Second, there are exceptions to every rule. In a lot of other states, debtors can get imprisoned, not for defaulting, but for contempt of court.

Just another reason why anyone getting sued should be represented by an attorney. I had a man call me and tell me I owe sum dollars since and he sed sumone wud serve me pappers to go to civil court and the DA wud prosecute me…is this possible sir. It depends on where you live.

In Wisconsin, the DA does not prosecute anything in civil court. If you owe the money, the creditor can sue you. If you get sued, you should talk to a local attorney. NACBA has a good attorney finder. I calledback to let her know she has the wrong person.. I called back about 12 times and left on their voicemail.. No need to escalate the situation. I am a bit concerned because I got into a heated exchange with the person that called. I knew the caller was a scammer and asked him if he worked for Al Quaeda and proceeded to mock his accent when he started threatening me.

These people know where I love and work. Since I know they are a scammer I almost want to detain them until the police arrive. Have you ever heard of any situations where these terrorists physically harmed someone? But if you feel you are in danger, you should contact local law enforcement. I generally advise my clients to ignore those callers and to not engage with them. But remember, nothing on this blog is to be taken as legal advice regarding your individual situation.

But I usually advise my clients to just ignore these callers rather than engage them. I was contacted from Kwa services in PA stating I was going to be arrested from default payday loan,I reside in Tennnessee and when I asked for his mailing address I was told to money gram or need my debit card.

He was turning it over to the Tennessee district attorney. Can I really be arrested? Anytime I hear of a threat to be arrested for defaulting on a loan, a red flag goes up. I received a call this morning on my cell and work phone, and yes the caller was foreign, but when i answered the first thing he asked was if i had a lawyer and if so i needed to call him. Then he went on to say that criminial charges had been filed against me, but never told me what the charges were for. But the funny thing about it was the that he gave me was the exact same that he called me from.

And when i called the I never asked for the name he gave me i just told him i was calling regarding a call that i had just received and oddly enough the person that answered the phone just happened to be the person he told me i needed to speak with. Then he went on to say that the warrant had been served and the police would be at my place of employment within 2 hrs to arrest me. But since i dont have a criminal record he put me on hold to check with the restitution dept supposedly to see if there was a way to avoid me going to jail today.

But i thought the police were already on their way!!!!!!!!! I take responsibility for the defaulting on the laon but the people are relentless!!!!! What shoul do if they call back????? I have been receiving similar calls. The first time, the person ran the very same line. She went as far as giving me the name of a legit lawyer from CA. When I questioned why the name on bar lookup showed a different law firm other than the one she supposedly had been calling from, she replied with she works for both.

That I would like to see documentations from the original creditor. She said that she would mail and email it to me. IT is now almost two months later and still no documents. Now they have started calling again but this time a guy is calling with the name Kevin Sanchez. I know this company is fake because I called the real attorney Ashley Jenkins in CA and her secretary informed me that I am the 3rd person calling in regards to this assumption.

Jenkins does not work for this company and has filed a complaint with CA State Attorney General and the bar association. Now they are calling my family in NY and leaving the same messages in regards to warrants and have my family calling me asking is everything okay and what is wrong. I have filed 3 complaints now with FTC in the past months…I just wish that this bs would stop!

I had a foreign man call and said id be arrested tomorrow at He never told me for what and asked to speak to my lawyer. I tild him i didnt have one and didnt know of a law suit. He said are you kidding me then he started going on about if i pay today and i hung up. He called5 times after that. I remembered hearing this scam on the radio and i almost fell for it!

Should i close my bank account?? And he gad the last 4 of my ssn what do i do? But I doubt that the scammer has your SSN. The last four digits are often disclosed in court documents, including a bankruptcy petition.

You could also monitor the transaction history online for awhile to make sure nothing unusual is happening. Unless this scammer got you to disclose your account number and the bank routing number, I think your account is safe from him.

I just got off the phone with someone saying they would be picking me up in 2 hours for a payday loan that I didnt take out. She said well good luck nd they would be here to pick me up within 2 hours.

If the caller were from the U. However, these scammers are typically calling from overseas and they are almost impossible to track down. I took out a few payday loans like 5 years ago, things got so overwhelming that I could not repay and ended up closing my bank account.

I filed for BK this year to try to get a fresh start. Can they really do that? I reside in CA. Sounds like a scam to me. In my opinion, you should tell the caller to contact your bankruptcy attorney. If you actually committed check fraud, your bankruptcy would not make a difference and you could be criminally charged.

However, this would be done by the District Attorney, not some debt collector. Will a motion to BK court stop this action and can they arrest in so Calif.?

This is a question for your bankruptcy lawyer. In most Chapter 7 bankruptcy cases, even if a debt is inadvertently omitted from the paperwork, it is still discharged. I seriously doubt that the call you received was from a collection company. But your lawyer can give you advice specific to your case. I got a call today from a MR. When I started asking a lot of questions he stared getting aggravated.

Claims he was an investigator for North Star and Sagamore. But I usually recommend just hanging up when someone threatens you with arrest for simply defaulting on a loan. Is this legitimate, if I pay them the money am I paying the loan? It could be a scam, but it could be a legitimate offer to settle your debt.

Most of the scammers threaten to have you arrested, not simply file a lawsuit. Before sending any money, you should ask for the offer to be sent to you in writing. I had someone call and tell me they where from an attorneys office and that I had a lawsuit against me from a payday loan company and if I didnt pay they would have cops coming to my home or work to pick me up within a few days and they even had my address and bank info and work number and was calling me at work also had work address I ask for paperwork and he said until I paid in full I could not recieve it,,,,is this real or scam dont know what to do, ive gotten payday loans before online but didnt these and I was thinking they stole my info off the computer is this possible, they are all foreign men.

It sounds like a scam to me. If you actually owe the money, you may be sued, but not arrested. In regards to the comment I sent you earlier I done some research online a googled there number and found out they were actually tagged as scammers and were doing this to tons of other people all over the united states, Is there anything I can do to get them to quit harassing me at home and work or anything I can do at all to shut them down??

Thank you again for your time and help. In that case, the best move is usually to just ignore them. If they are legitimate debt collectors, you may have FDCPA or state law claims against them, as certain debt collection practices are prohibited. My advice is to contact a local attorney to help you determine if you have a claim and whether any possible claim is worth pursuing. Do ppl really pay these ppl money?? I also put fraud alerts on my credit. I finlally went to no bank acct for a year to get it to stop.

To answer your question, I think a few people might actually pay. I thought it was paid. She said her name. She told me that she would contact the collector to see if we can settle today in an amt. I should know better, I use to work for a Criminal Prosecutor. I just want to know if this is a scam? I put in the company online, and there is scam from this but for other reasons.

I really feel that this needs to be posted, and I feel that this is not acceptable. What do you think? You could be charged criminally if you were bouncing checks, but then you would be charged by the District Attorney, not a debt collector. To me, this sounds more like a crook trying to confuse you with jargon and official-sounding terminology. See my answer above to Melissa. About a month ago I got a call from a guy named Tony from Graves Lafeyette saying that I defaulted on pay day loan in After being harassed I agreed to pay on it, but after researching the company online I found that they were not very reputable so I did not pay.

Yesterday I get a call from the clerk of courts office saying that if I did not call Graves by 4 that they were charging me with check fraud.

I said I did not have it. He said ok I am filing then 2 hours later he calls sounding very muffled from the police department saying that they just issued an arrest warrant for check fraud. Is this a civil matter or criminal? Check fraud is a criminal matter, not civil. It may be different in other states, but I doubt it. To me, this sounds like a scam. They hope to scare you into paying.

The above is general information only, and should not be seen as legal advice. The only advice I will give in this situation is to contact a local attorney. I received a text message instead of a harrassing call. Wanted to speck with you prior to filing claim in Los Angeles County, there is a settlement option available. We need to get resolution in a timely manner before claim is filed and processed.

Give me a call or reply here for payment options available. Most of the scams involve a threat of being arrested. To me, this sounds like a debt collector offering to settle before suing. The problem with many debt settlement or debt assistance programs is that your creditors may still sue you if the company does not successfully negotiate a settlement. If they reach a settlement, great. As always, none of this should be construed as legal advice. I received a very threatening phone call from a man, who stated he was a private contractor when I asked what comany he was from.

He then gave me a phone number and claim number to call. I made a few payments to them, and then lost my job.

My checking account was subsequently closed due to the continued negative balance. Is it possible for them to bring me up on fraud charges?

Just wanted to get your opinion, as it seems like I am not the only one who is going through this. No, private debt collectors cannot charge you with a crime.

They can file a complaint with the local D. If you truly owe the debt, the creditor can sue you, but not charge you criminally. Absent extenuating circumstances, defaulting on a loan rarely rises to the level of fraud. These calls are usually made by scammers, hoping to scare some money out of you. 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.

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