Can I be arrested fornot paying back an on-line payday loan?

About a year or so ago i got an on-line payday loan. I wrote a post dated check, but due to financial issues, I never paid back the loan. I just got a call from an attorney’s office claiming there was a judgement against me for various things, including check fraud. Since I didn’t have $70 to pay back the loan within 2 hours, they said they would file suit and I would be arrested.

Asked on May 15, 2009 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think the collector was being abusive and threatening you. True, they can file suit and if so you will be sued. If they have a judgment against you then they will attach your assets. It's EXTRAORDINARILY rare that someone can start a law suit by a civil arrest or use civil arrest to collect a judgment.

While they can sometimes try to refer matters to the local prosecutor, issuing a post-dated check is rarely check fraud.


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