Can I be arrested for worthless ACH claim without being notified by letter?.

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Can I be arrested for worthless ACH claim without being notified by letter?.

I took payday loan in sept 08 made 4 payments and acct was closed. Collection agency tells me they can arrest me for fraud. They have contacted me by phone but not by mail. Can they arrest me without filing lawsuit first?

Asked on May 18, 2009 under Criminal Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

Private parties can not arrest people (except in very unusual circumstances). Payday loan companies and collection companies are not the police or prosecutor.

If the payday loan firm or collection agency believes your actions were criminal, they can file criminal charges with the police and ask the police or prosecutor to arrest you.


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