Legal Question in Credit and Debt Law in New York

Lawyer is threatening to place a warrant out for arrest

my sister purchased items for her ex husband while they were married that totalled approximately $4,000. Once they got divorced she stopped paying for those items since her ex took them. She no longer lives in NY and now a collection lawyer is threatening to place a warrant out for her arrest if she does not pay $1000 in the next few weeks and then make monthly payments. This debt is close to 6 years old. Can anything be done to help my sister? Does she have to pay this amount without a judge ordering it? Can she fight this? Can her her ex-husband be held responsible as well since he now owns the property even though his name is not on the bill?


Asked on 10/30/06, 11:43 am

3 Answers from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Lawyer is threatening to place a warrant out for arrest

Most important question is....is there a judgment against your sister? If not, is there a legal complaint filed against her?

Was she served with either?

If not,she should NOT pay anything as the statute of limitation is 6 yrs and she may be there/approaching that. If she pays ANYTHING or promises to pay, the 6 yr clock starts all over again.

As for the lawyer, if he threatened to have her arrested, he has violated the Fair Debt Collection Act and can be sued by your sister (and should be).

As for her X-husband, no he is not responsible. She let him take these things and that could be viewed as "gifts" to him.

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Answered on 10/31/06, 9:13 am
Peter Moulinos Moulinos & Associates LLC

Re: Lawyer is threatening to place a warrant out for arrest

A lawyer cannot obtain a warrant for a person's arrest in a civil proceeding. Unless there is fraud which is investigated by a district attorney, then only the district attorney can ask the Court to issue an arrest warrant for a person, once an indictment has been returned.

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Answered on 10/30/06, 12:00 pm
Jason Stern Law Offices of Jason Stern

Re: Lawyer is threatening to place a warrant out for arrest

Of course, a private lawyer has no right, power, or authority to have anyone arrested. There may be a case against the lawyer who is threatening your sister with arrest. Federal and state collection laws prohibit a collector from threatening to take an action they have no ability to undertake. If you need further assistance, you may email me. Good luck!

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Answered on 10/30/06, 1:20 pm


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