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Question

I defaulted on a payday loan taken out over the internet three years ago. It was originally for $350. I had a representative from an attorneys office call today and say I would be served papers tomorrow at work and be arrested if I didn't pay the new amount of $1295. Can this actually happen. He said I committed check fraud and banking fraud.

Submitted: 18 days and 9 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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State/Country relating to Question: Nevada

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I was willing to pay $250 a month until it was paid off

Accepted Answer

Hello, and thank you for contacting the just answer team.

Defaulting on such a loan is serious, although I don't think that you will be arrested. If they do try and press banking and check fraud charges, you could be arrested, but no, generally this is not possible just like that. In order to allege fraud, they would have to be able show intention to defraud on your part, and getting an arrest warrant for this isn't as easy as just alleging that you didn't pay the debt. Generally, such matters are treated as civil debt issues, not criminal issues.

However, to be on the safe side, you need to contact a criminal defense attorney immediately to respond to the summons, today if possible. For a referral to an attorney in Nevada, contact the Nevada State Bar Association HERE, and do so immediately.

I hope this helps, and thank you for the opportunity to answer your question. If you have any other questions, please do not hesitate to ask.

Otherwise, please remember to click the green ACCEPT button so that I can receive credit for my work.

Take care

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Expert: SavyLawyer
Pos. Feedback: 97.3 %
Accepts: 
Answered: 11/4/2009

Attorney

Licensed to practice law, I have experience in dealing with a wide variety of legal issues.

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