Consumer Protection Law
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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).
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.
They would need to show some additional evidence than you not paying, closing the account, etc... (which is merely a breach, not a crime).
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.
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!
so basically they cannot arrest me?
The company can't.
They could report a "crime"
But the police probably wouldn't because of lack of evidence of fraudulent intent.
but the lawyer that call me said they are signing a process and locate
This is very much in line with what they usually say.
They are appealing to your fear of being arrested, and also appeal to time constraints (act now or lose this chance).
It's designed to make you think irrationally.
I panic and i agree to pay portion of it
now I'm not sure if they are ligit
they might be scammer
Whether they are legit or not is a different matter.
They can't legally threaten you this way.
What you asked is if you can be arrested, and I would put money on the fact that you almost certainly will not.
(that it's a common tactic used by less than reputable debt collectors)
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!
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