More details to this question:
I got a phone call from a so called law form by the name of Solomon and metro staying that an arrest warrant will be issuers for my arrest due to a payday loan that was taken out in my name eight years ago (October of 2006)and than they tell me that I have until the end the week to make a payment of 350 or a warrant will be issued. Or I can take it to court. I than told him that I never received anything regarding and how do I know this is real? He said that he can send me a letter or an email or even text it to me. What do you think of this? And what can I do oh and by the way he never asked for any info as in address or of I had an email account and this whole texting important "legal documents" thing I mean really what's going on I feel like someone is trying to pull a fast one on me.
1 ANSWER
Failing to pay a debt is not a crime, it is a civil matter. No arrest warrant can be issued for simply failing to pay a debt. You can be sued and, if a judgment is awarded against you, the creditor can take steps to obtain payment, such as garnishing your wages, or auctioning off your assets, but the first step would have to be the commencement of a law suit against you, which from what you've written has not occurred. Moreover, even if you're sued, and even if you owed the money, if the loan was taken out 8 years ago it is likely that the statute of limitations has run on the claim (although it can be revived if you admit to the debt.) My advice to you would be not to agree to anything with these people. If you have a lawyer, you should tell Solomon and Metro to call the lawyer, and not you. If they are a legitimate law firm or collection agency, they would then be required to stop harassing you, and deal with your attorney.
There is a federal statute called the Fair Debt Collection Practices Act. If this really is a law firm hassling you, or a debt collection agency, I believe they may have violated this statute by threatening you with criminal prosecution to convince you to pay them.
Answered on Jan 02nd, 2014 at 11:50 AM