Legal Question in Credit and Debt Law in California

civil warrant

I have a person threatening me with a civil warrant for check fraud. I wrote a check to Payday Loan company back in 2002. The bank closed my bank account due to various returned checks, etc. They want me to pay an amount by this Friday 4/8/05 by 5:00 or they will file a civil warrant against me. She asked me if I had ever been arrested, had a court case against me, etc. She wanted to know why I hadn't paid this back, etc. This was very threatening, and upsetting. I belong to a prepaid legal firm, but am unable to contact them right now due to the time of day. Is there anything I can do about this? She also said my supervisor would be contacted as well. What does he have to do with this? And can they really arrest me? Please help, I need help, I am desperate here.


Asked on 4/06/05, 7:40 pm

2 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: civil warrant

from the facts given so far, it appears this collector is illegally threatening you with criminal prosecution (extortion) to make good on a civil debt. this collector can be prosecuted by the FTC and/or attorney general for such illegal conduct, and can be the subject of civil suit as well. contact us if you would like legal assistance in this matter.

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Answered on 4/06/05, 8:05 pm
Robert L. Hyde Hyde & Swigart, Attorneys at Law

Re: civil warrant

We would be interested in discussing this with you directly. Please give our office a call at 619-233-7770. Suing debt collectors is pretty much all we do and you sound like you may have a case. If a debt collector is harassing you, you have the right to sue them and we will do that for you.

We don�t charge anything unless we collect for you, so you need not worry that this will just add to your debt load. Give us a call!

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Answered on 5/01/05, 11:17 am


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