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Can I be arrested for an old credit card debt??? The collection agency said they will be issuing a warrant in the morning .
Anonymous2 views4 answers
Got a call from the a collection company it said I had 48 hours to contact them. I called them back and I cannot make the acceptable payment they wanted so they said they will be issuing a warrant for my arrest and good luck to me and then hung up the phone. I have not received any court documentation from them before... I am poor and don't have a lot of money to pay them off. am I going to jail???
This seems to be a clear violation of the FDCPA act. This threat happens sometimes in an effort to scare a person into paying. It is effective if it works. A judge may issue a bench warrant if you don't show up for a court appearance. However we don't have debtors prison just because you owe a debt. The only debt you go to prison for not paying is child support and alimony as contempt. If you can record the call you may have a case but they may be calling from India where it may be difficult or impossible to collect from.
The US does not have Debtors' Prisons.
No one goes to jail for owing money.
They can go to jail for fraud, but only after being convicted.
They also can go to jail for contempt of court. This can happen when they do not cooperate in the court proceedings after the Creditor obtains judgment.
They are lying to you. It is not legal to arrest someone for a debt, at least not with a court order. It IS, however, very much against the law to threaten someone with arrest under these circumstances. Use the attorney finder at www.naca.net to find a consumer attorney in you area who handles debt collection cases, because you have the right to sue the collector and the agency in federal court.
You can not be arrested for it. Its illegal for the collection agency to suggest you that. Contact my office so that we can sue them on your behalf. If this is a legitimate collection agency they can be sued for damages for such behavior.
