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RGMacEsq
RGMacEsq, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 11318
Experience:  Licensed Texas General Practice Attorney
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I took out a payday loan from online, signed a promissory note

Resolved Question:

I took out a payday loan from online, signed a promissory note however, I closed the account because I don't have the money to pay them back. Now they are threaten to have a warrant out for my arrest due to an intention of fraud. Can I get arrested base on what they are charging me?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  RGMacEsq replied 1 year ago.

RGMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

RGMacEsq :

While it's possible that this could happen, it almost certainly will not. I see time and time against payday loan companies threaten to have you arrested (which is a violation of the Fair Debt Collection Practices Act (FDCPA) for a lender to threaten).

RGMacEsq :

They would have to prove criminal intent, and that's very difficult to do in a payday loan situation. The reason is that most individuals that take out a payday loan are already financially strapped, and there's a presumption that they intend to pay again.

RGMacEsq :

They would need to show some additional evidence than you not paying, closing the account, etc... (which is merely a breach, not a crime).

RGMacEsq :

So in short, while it's possible, it's highly highly highly improbable. I've seen many situations of these companies threaten to have you arrested, but I've never seen or heard of a situation where it has actually happened.

RGMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

so basically they cannot arrest me?

RGMacEsq :

The company can't.

RGMacEsq :

They could report a "crime"

RGMacEsq :

But the police probably wouldn't because of lack of evidence of fraudulent intent.

Customer:

but the lawyer that call me said they are signing a process and locate

RGMacEsq :

Not surprising.

RGMacEsq :

This is very much in line with what they usually say.

RGMacEsq :

They are appealing to your fear of being arrested, and also appeal to time constraints (act now or lose this chance).

Customer:

exactly

RGMacEsq :

It's designed to make you think irrationally.

Customer:

I panic and i agree to pay portion of it

Customer:

now I'm not sure if they are ligit

Customer:

they might be scammer

RGMacEsq :

Whether they are legit or not is a different matter.

Customer:

true

RGMacEsq :

They can't legally threaten you this way.

RGMacEsq :

What you asked is if you can be arrested, and I would put money on the fact that you almost certainly will not.

RGMacEsq :

(that it's a common tactic used by less than reputable debt collectors)

RGMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

Thank you

RGMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

RGMacEsq, Lawyer
Satisfied Customers: 11318
Experience: Licensed Texas General Practice Attorney
RGMacEsq and 8 other Consumer Protection Law Specialists are ready to help you

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