QUESTION
Can I be arrested for being behind on loan?
Asked on Oct 12th, 2011 on Bankruptcy - California
More details to this question:
I have a loan that I'm behind on. They are threatening court to have me arrested. Is this legal? What are my best options for getting out of this debt?
11 ANSWERS
No.
Answered on Jun 03rd, 2013 at 1:03 AM
No. Arrest will not occur unless you ignore a court order which results in an arrest warrant being issued.
Answered on Oct 17th, 2011 at 2:31 PM
Family Law Attorney serving Knoxville, TN
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Patel & Eisenhower, PLLC
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No. You cannot be criminally prosecuted for your failure to repay a loan. They may file a civil action against you, but threatening criminal action has been ruled to be an unfair trade practice in Federal Court. You may want to consider bankruptcy to discharge your debts and stop your creditors from harassing you.
Answered on Oct 17th, 2011 at 1:00 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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If you owe a debt you can be sued. There are several collection methods after judgment. These include wage garnishment, levy on bank accounts and filing a lien against your property. There is no debtor's prisons in the United States so you cannot be arrested.
Answered on Oct 14th, 2011 at 3:32 PM
Bankruptcy & Debt Attorney serving San Diego, CA
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Jackie Robert Geller Attorney at Law
No, it's a violation of state and federal law for a debt collector to threaten arrest for non-payment of debts. Talk to an attorney immediately!
Answered on Oct 14th, 2011 at 2:59 PM
You can be arrested under a capias for failing to appear at a court date for debts you owe. You would be picked up by constables and transported to the court for a hearing. Otherwise, there is no debtor's prison. If your debt is from failure to pay on some type of loan or contract, you cannot be arrested for it. If your debt is from failure to pay something court ordered, it is possible you could be picked up on a capias or held for contempt.
Answered on Oct 14th, 2011 at 1:32 PM
Immigration Attorney serving Salinas, CA
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Law Office of Magnolia Zarraga
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No. You cannot be arrested for being delinquent on your loan. If the loan is unsecured all they can do is sue you and eventually garnish your wages or put a lien on any property you own or levy bank accounts. If it's a secured debt, they can repossess the collateral. If it's a home loan, they can foreclose on the property, but only after giving you the required legal notices. Don't let these collection agents intimidate you. Get yourself to a bankruptcy attorney so you can analyze your options. The creditors are violating the law by threatening to arrest you, If the creditors continue to harass you in this way, file a complaint with the FTC.
Answered on Oct 14th, 2011 at 12:35 PM
2 Awards
You cannot be arrested for not paying a bill. Threatening to do so is a violation of the fair debt collection practices act. You should seek legal counsel to stop the harassment and obtain compensation damages. As far as nonpayment of the bill, if you do not pay the creditor can sue and obtain a judgment and collect it through wage garnishment, etc.
Answered on Oct 14th, 2011 at 12:31 PM
Chapter 7 Bankruptcy Attorney serving Huntington Beach, CA
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Law Offices of Robert Parkinson Taylor
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No. In fact, threatening to have you arrested would usually be illegal and potentially a crime on its own. Can't say for certain without knowing the exact circumstances and the verbiage used.
Answered on Oct 13th, 2011 at 9:19 PM
Glen Edward Ashman
The threat is illegal and you should get a good lawyer. If you can prove that they made that illegal threat, you may collect a significant amount from the collector.
Answered on Oct 13th, 2011 at 9:18 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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There hasn't been debtor's prison in the United States since the Constitution was adopted on September 17, 1789. That does not apply to child support and fines which are special types of debts. Therefore, you can not be incarcerated for owing money to a bank. One option to get out of debt is bankruptcy Chapters 7 or 13 depending on your income and other issues.
Answered on Oct 13th, 2011 at 8:39 PM