What can I do if a company that I never heard of is threatening me with a bench warrant? 9 Answers as of March 24, 2014

I have recently got a phone call to arbitrate a claim put against me about not paying back a payday loan. The company name is something that I had never heard of. They said if I did not make a set payment before the 28th to resolve this issue, they would set a bench warrant out since I would have missed my court date. But they have not subpoenaed me, so can they give me a bench warrant? I was very confused and upset, they have been calling my work even after I have spoke to them and I can’t pay what they want. What should I do?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Michael Breczinski
Michael Breczinski | Michael Breczinski
Get a lawyer that sues collection agencies and creditors. Their tactics are illegal.
Answer Applies to: Michigan
Replied: 3/24/2014
Stacy Joel Safion, Esq.
Stacy Joel Safion, Esq. | Stacy Joel Safion
They cannot do this. It is only a threat. It is a violation of Federal Law. Get an attorney and SUE!
Answer Applies to: California
Replied: 3/21/2014
SmithMarco, P.C.
SmithMarco, P.C. | Larry P. Smith
We have had many inquiries similar to yours regarding this company and/or others just like it. We have done some investigating into these companies as well. While there is no doubt that this collector violated federal laws in many ways, we are sure that this collection agency is pretty much a sham operation. There is no real corporate headquarters, no real business structure, and no location where a corporate officer can be located. All addresses we have located have been either a post office box, a UPS store, or some other location that does not house the business. In short, this may be a scam. Certainly, in our experience, none of the threats made to people about arrests, warrants, or sheriff's on their way have come to fruition. You should not make any payment to this agency or provide them any personal information or bank account information. It is likely that it would only be used for improper or illegal purposes. Moreover, any threats made to have you arrested or take you away are completely bogus. Nobody is coming to get you and you are surely not going to be arrested for this debt. It has been our experience that a very aggressive response by you tends to make them stop calling. Once you make it abundantly clear that they will not be seeing one cent from you no matter what they say, they will eventually give up and move on to someone more gullible.
Answer Applies to: Illinois
Replied: 3/21/2014
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
As the company to verify the loan in writing and to cease all collection attempts until they do. Thereafter, your best bet is to hire an attorney immediately..It sounds like it might be a legitimate payday loan company or a scam.. if it is a legitimate payday loan company it might be a case of identity theft. In either case you might will probably need legal representation to protect your rights.
Answer Applies to: Michigan
Replied: 3/20/2014
Patrick W. Currin, Attorney at Law | Patrick Currin
It is unlikely they would have a bench warrant out for you. They would have to win a judgment against you and then request an Order of Examination. If you miss a court date on that, then indeed a bench warrant would have to be issued. Ask them for a case number and then you can inquire with the court and see what is going on.
Answer Applies to: California
Replied: 3/20/2014
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Don't confuse the civil case between you and the store with the criminal case in court between you and the state. There is no case against you from the state, so it is just a civil matter between the payday loan. Don't fall for the scam. Ignore them.
    Answer Applies to: California
    Replied: 3/20/2014
    Westgate Law
    Westgate Law | Justin Harelik
    I believe the person you spoke with is lying to you. Payday companies do this all the time. I would want them to send your proof of something . . . anything.
    Answer Applies to: California
    Replied: 3/20/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Sounds like they are harassing you. Pay day loans can not be prosecuted for harassment generally because they are located out of the country. So they pretty much do what they want to scare you to pay.
    Answer Applies to: New York
    Replied: 3/20/2014
    Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
    You are being scammed. Report the call to law enforcement. Nothing will happen to you.
    Answer Applies to: Illinois
    Replied: 3/20/2014
Click to View More Answers: