Can there be criminal liability for a breach contract?

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Can there be criminal liability for a breach contract?

I took out a payday loan on the internet but missed some payments. So my account was sent to a third party attorney to collect the debt. When they called me they told me an amount that I had to pay which was twice the amount I borrowed. They then told me I had to pay it that day or they would he a warrant issued for my arrest. I was not given any other options. They told me it had to be the full amount that day or they would have the sundowns executed. Can they do that?

Asked on January 30, 2013 under Criminal Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Absolutely not.  You can not be arrested for a civil breach of contract.  What is happening to you is illegal in and of itself.  Threatening some one with criminal repercussions is a violation of the law and you need to not only report the attorney to their local Grievance Committee (file a complaint) but also the state attorney general's office to help with the matter.  Good luck.


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