QUESTION
Can a law firm have me arrested in my job without sending me documentation first?
Asked on Nov 19th, 2013 on Criminal Law - Texas
More details to this question:
A law firm called me at work saying I was going to be arrested today because of legal issues. When I ask her to send me documentation she tells me she can’t because I have a lawyer for bankruptcy and he can look over the papers. She threatened to have me arrested at my job. Can she do that?
14 ANSWERS
Michael J. Breczinski
No only the police can arrest you unless it is a felony then there is citizens arrest. This might be an illegal collection practice. Call your bankruptcy attorney.
Answered on Nov 22nd, 2013 at 11:02 AM
Lisa Hurtado McDonnell
If your have a warrant issued for your arrest you can be arrested any where you are located.
Answered on Nov 22nd, 2013 at 10:53 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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No. I suggest that you speak to your bankruptcy attorney about what happened.
Answered on Nov 22nd, 2013 at 10:53 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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A law firm cannot have you arrested. Only a police agency can arrest you pursuant to an arrest warrant issued by a magistrate or other judicial officer. A law firm can be a complaining witness for an arrest warrant. However, it would be highly unusual for a law firm to call you and tell you are about to be arrested. Because you mention bankruptcy, it sounds as if this involves a debt. Debt collectors often lie and threaten to arrest debtors. However, you cannot be arrested for failure to pay a debt, except under unusual circumstances, such as fraud. If the debt collector is collecting a debt owed to someone else, rather that it own debt, threatening arrest is a violation of the Fair Debt Collection act. You may want to consult an attorney about suing them if that is the case.
Answered on Nov 20th, 2013 at 2:58 PM
James Edward Smith
No, just a collection technique which is illegal but they do it anyways.
Answered on Nov 20th, 2013 at 1:30 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You can be arrested by police or marshals. Not by lawyers or law clerks. They may call the police on you if you are guilty of anything. it is against the law to make such threats if in fact they were made as you say
Answered on Nov 20th, 2013 at 1:30 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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For what are you allegedly being arrested. There is something missing here. Immediately contact your attorney.
Answered on Nov 20th, 2013 at 1:29 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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There's something wrong with this picture. A law firm cannot threaten to have you arrested. They can release information to the police if they think you have committed a crime and request that charges be brought against you, but having you arrested is not their decision. Someone supposedly from a law firm says that she can't send you documentation because you have a lawyer for bankruptcy but she can threaten to have you arrested. For "legal issues". Either she's not really from a law firm or you misunderstood her when she said they were going to have you arrested, or the law firm is committing egregious ethical violations or there's something going on with these "legal issues" that I have not figured out. Did you report all this to your bankruptcy lawyer?
Answered on Nov 20th, 2013 at 1:29 PM
James Eugene Hasser
Talk to your bankruptcy lawyer immediately.
Answered on Nov 20th, 2013 at 1:29 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Report this alleged law firm and the person to your attorney. If this is a collection matter, the firm is violating the FDCPA and probably the Bankruptcy Code. If it is a criminal matter, only the prosecutor can authorized the police to arrest you. Finally, report the law firm to the state Bar Association. This sounds like unethical behavior.
Answered on Nov 20th, 2013 at 1:28 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Not unless you committed a crime and a judge signs a warrant based on probable cause.
Answered on Nov 20th, 2013 at 1:28 PM
Don't confuse a civil matter with a criminal. Bankruptcy is a purely civil matter, and no jail is involved.
Answered on Nov 20th, 2013 at 1:27 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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A law firm can NOT have you arrested, and no legitimate law firm will threaten you with arrest.? There are many, many scammers who will call you up and tell you they are lawyers or law firm representatives in an effort to get money from you.? The "law firm" that called you is probably not a law firm at all but a scammer. ? Never take a caller's word for it that he or she is or represents a lawyer or law firm if he or she makes threats of arrest or refuses to show you or send you documentation of a claim.
Answered on Nov 20th, 2013 at 1:27 PM
Ronald A. Steinberg
No. Arrests come because 1) you violated the law and are being arrested to stand trial on the criminal law, 2) you were ordered to do something by a judge and you did not do it, so are in contempt of court. A private citizen cannot have you arrested. Please contact a lawyer and have the lawyer check into it. If this bimbo is threatening arrest, she very well may be violating a bunch of laws and SHE could get slammed by the court system.
Answered on Nov 20th, 2013 at 1:27 PM