Can an on-line payday loan company request a warrant for a person’s arrest for theft due to non-payment?
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Can an on-line payday loan company request a warrant for a person’s arrest for theft due to non-payment?
They threatened to have me charged with theft by deception.
Asked on May 17, 2011 under Bankruptcy Law, Louisiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The fact is that person who has borrowed money cannot be threatened with arrest for non-payment. In this day and age people don not go to jail for owing money; debtor's prison wnet out about the time of Dickens. The only exception would be if fraud was committed in obtaining the money; that would be a crime.
So, for example, if you scammed someone into lending money and you had no intentionof repaying. Absent that, neither a debt collector or creditor may threaten you with criminal charges. If they do you could actually sue them. Additionally, they can not harass or otherwise intimidate you. It's the law - the "Fair Debt Collections Practices Act" (FDCPA).
Note: This doesn't mean that you don't owe the money. In setting up a re-payment plan just be careful in just what information that you give them (especially banking information).
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