Legal Question in Criminal Law in California
I got a call last Friday from some guy who said they were issuing a warrant to arrest me for not paying back 2 payday loans. I do not remember taking out loans.
He would not tell me his name, the name of his company, the name of the 2 loan companies, or the dates and amount of said loans. I needed to send not sure by how, someone somewhere $991.00.
Now this really sounds more like a scam to me. Why would someone call to tell someone that they were going to be arrested and give them time to run? Why not give me more info so I can research this claim. Anyway, I called him back and called him an "insensitive sob." Monday morning, he called me and said, "calling him names was not gonna keep me out of jail."
Anyway, what should I do? Even though I think it's a scam, I'm freaked out about the cops showing up to arrest me. Help!
Thanks
Annie
3 Answers from Attorneys
You cannot be arrested for not paying a debt. Report this incident to the police.
What they did was illegal. You cannot be jailed over a civil matter like failing to pay back a loan. Either it is a scam (not uncommon) or an illegal threat to try and collect a debt.
I agree with Mr. Johnson and Mr. Dane. Failing to repay a loan is not a crime. It can be *part* of a crime, but even then the police would not behave the way you describe. What's more, the lender would have made other efforts to collect from you.
Tell the police what has happened, and be sure to give them the caller's phone number.
Good luck.
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