What to do if I have a company that is calling me on my job in regards to an online payday loan that was done 3 years ago?

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What to do if I have a company that is calling me on my job in regards to an online payday loan that was done 3 years ago?

Now they are trying to collect and are going to get a warrant out for my arrest. Can they do that?

Asked on January 17, 2013 under Bankruptcy Law, Louisiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

They cannot have you arrested unless some type of fraud was involved in your obtaining the loan. The fact is that people don't go to jail for owing money, at least in this day and age. So absent fraud of some sort, neither a creditor or debt collector may threaten a person with imprisonment or even the possibility of criminal charges.

These type threats are made all the time. Actually, if such a threat is made, a debtor could actually bring suit against them. Additionally, a creditor or debt collector cannot harass or otherwise intimidate a debtor. If they do they can be open to criminal charges themselves.


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