Protecting the Rights of Consumers
For Over 25 Years
Edelman Combs Latturner & Goodwin LLC
Question: If I owe a loan, and have not paid it, can a warrant be issued for my arrest?
Answer: No. The only time a warrant can be issued in connection with a civil case is if a court orders you to appear, after judgment, and answer questions about your income and assets, and you do not comply with the order. The order must generally be served personally or on a family member.
We have encountered cases where a creditor or debt collector engaged in “sewer service” and then obtained a warrant. Therefore, if you find out you are being sued, you should not just ignore the case. Make certain that a false return of service claiming that you have been served is not filed by monitoring the case. Alternatively, you can appear and defend the case.
Threats to have a consumer arrested when that is not legally authorized violate the Fair Debt Collection Practices Act.