Can a warrant be issued for your arrest for not paying back a payday loan?

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Can a warrant be issued for your arrest for not paying back a payday loan?

Asked on October 19, 2012 under Bankruptcy Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You won't be arrested.  A warrant will not be issued for your arrest.  This is a civil case (lawsuit); not a criminal case.  If the loan was obtained fraudulently, fraud can be both civil and criminal.  Fraud is difficult to prove since it requires proving intent.

Payday loan places are notorious for using false information and scare tactics to obtain repayment.  Don't worry about it.  This is a civil case.  If a court judgment is obtained against you in an amount you can't afford to pay, you can file bankruptcy to stop the enforcement of the judgment.

 

 


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