QUESTION

Can payday loan collectors issue warrants?

Asked on May 01st, 2013 on Bankruptcy - Pennsylvania
More details to this question:
I live in PA. Took out payday loan 3 years ago. Closed bank account. Never paid loan. I was called today and they told me they were issuing a warrant today unless I paid for check fraud and internet fraud. I was forced into paying or jail. Can they really get a warrant?
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2 ANSWERS

To be legal, the payday lender has to either register with the state or make loans at the statutory rate of interest of 6%. It is not profitable for payday lenders to make loans in compliance with the law. Payday lenders who attempt to circumvent the law by charging excessive interest are usually overseas or tribal lenders. By suing you, the payday day lender would expose themselves to criminal sanctions. Its like a drug dealer suing you for the value of the drugs you bought but did not pay for. So a lawsuit or criminal charges is very unlikely and PA has no process like in NC of GA for companies to take out a criminal warrant. And don't believe the illegal lender. Neither civil nor criminal process works like that.I suggest that you contact the PA attorney general.
Answered on May 02nd, 2013 at 4:52 PM

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David M. Axinn
No. Payday debt collectors are the worst of the worst, they tend to lie a lot. There are numerous reasons why they cannot do this in PA. First, this is a civil, not a criminal case, and we normally don't arrest people for civil debts. (I wrote a short blog post about this, if you are interested: http://wp.me/p1BgFS-2k) Also, Payday loans are illegal in Pa - the lenders don't comply with a number of our consumer protection laws. Finally, I'll note that making threats like this violates either the federal or state fair debt collections practices act. You may want to consult with an attorney to discuss your legal rights here, but in the meantime, have a nice evening, the Sheriff isn't coming.
Answered on May 02nd, 2013 at 4:51 PM

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