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Can a payday loan company issue a warrant for your arrest for defaulting on a loan?
Wiki User
∙ 13y ago
No. Only the court (Judges) may issue a warrant for someone's arrest.
No lender may have you arrested for not paying a loan, however, if you don't show up to court (or have legal representation at court), the judge may issue a bench warrant for your arrest (with the intention of getting you in front of the court, not to put you in jail).
If the default, however, is subsequently believed to be a result of fraud, the judge may pass the particulars of the case to a prosecutor who will likely request a warrant for your arrest. In this case, the warrant is meant to hold you for trial in criminal court.
Wiki User
∙ 13y ago
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Does defaulting on a payday loan constitute check fraud?
Defaulting on a payday loan does not, in and of itself, constitute check fraud.
Can a pay day loan company get a Body Attachment if you cant pay?
A Payday loan company cannot get a Body Attachment to arrest people who have not paid them back. There have been tactics used by some collection agencies where individuals are threatened to be arrested by a federal officer for defaulting on their Payday loans. However, these tactics are considered a unlawful so no negotiations need to be made with these collection agencies.
Can a payday loan issue a warrant for your arrest if default?
No. If your state allows payday loans, then a payday lender could sue you civilly for default, just like any other loan. Many states have made payday lending illegal. You would have to research your state by checking with the financial regulatory agency. Payday lenders will often make threats of arrest, etc. That is illegal to do in all 50 states, in violation of Federal law. It is a common tactic to scare you into paying.
Can a payday lender take out a Warrant for someones arrest in VA for unpaid loans?
No. Only a judge (or a representative of the court) may issue a warrant for someone's arrest. Unpaid loans eventually end up in civil court whereby the lender hopes for a judgment to be given in their favor (driving the borrower to pay the debt).
If you default on a payday loan in Texas can you go to Jail?
You can't go to jail anywhere simply for defaulting on a payday loan, anymore than you can for defaulting on a mortgage, car loan or credit card. There has to be something more, like using someone else's identity to obtain the loan, for a criminal offense to have occurred.
Can they issue a warrant for fraud if you dont pay back a payday loan?
No. They are breaking the law if they're telling you they can. A judge issues warrants, not a payday lender. Payday loans are civil matters, not criminal. At most, they could sue you in court civilly for defaulting on a loan. Some states have made payday lending illegal. Check with your attorney generals office or financial regulator for more state specific info. Payday lenders love trying to scare the unknowing into paying them. The Fair Debt Collection Practices Act (FDCPA) is a federal law that governs collections. You can find it online.
Can a warrant be placed for your arrest if you don't pay back a payday loan in South Carolina?
no, no payday lenders can prosecute you for bad checks, they knew that you did not have the funds available when you got the loan, because it is a postdated check, I just ate up a bunch of these sharks in bankruptcy cour when they got discharged, and ther was nothing that they could do about it
A payday loan rep is threatening to have a judge issue a warrant for my arrest based on the fact that a payday loan that is unpaid was obtained via internet-they call it internet fraud.?
This is a common empty-handed threat made by payday lenders. The cannot have you arrested for a payday loan, or any loan for that matter. A loan default is a civil matter, not a criminal matter. They are violating the law by telling you that you can be arrested. Payday lenders make all kinds of threats in an attempt to scare you into paying them. Scammers have also caught on to this, and they will make the same types of threats, when in fact you may not actually owe anything at all. File a complaint with FTC.gov and your State Financial Regulatory Agency. Borrowing money online and defaulting does not equal wire-fraud, although they love to tell you that it does. Think about it, if you really broke the law and were about to be arrested, would they call and warn you first? Absolutely not.
Can a warrant be issued for you in the state of Florida for not repaying back all of a payday loan?
yes
Who is Payday Loans?
payday loan yes was a payday loan company that was bought out by Spotya there now at http://www.Spotya.com
Can you be put in jail for not paying back a payday loan in Missouri?
Defaulting on a payday loan is a civil crime - not a criminal offense. Therefore, you shouldn't have any jail time in Missouri for this. And, if a debt collector is threatening that you can and will go to jail for this, then they're full of it!
Can a warrant be placed for your arrest if you don't pay back a payday loan in Michigan?
Lawsuits brought by lenders are always civil court cases which do not involve arresting a defendant. There are cases, however, where a judge wants the borrower (or their legal representative) to be present during court proceedings. In these cases, the judge may place a bench warrant which will result in eventual arrest. The goal here, is not jail, but to get the borrower to show up and take responsibility for their actions.
