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Can cashnetusa out a warrant out for my arrest over a $500 payday loan? Or are they trying to scar me?

San Antonio, TX |

I recently got a 500.00 loan with cashnetusa and I lost my job. I kept in contact with them and let them know my situation. Now they have people calling my house,my job more then 15 times a day sayin they'll put a warrant out on my drives license. Can they do this?

Attorney Answers 3


  1. Scare you. This is a civil matter. Report them to the U S Trade commision for failure to follow the fair debt collection act. Good luck.

    My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com


  2. A private business cannot put out a warrant for someone's arrest. That requires action by a court. And, in the case of criminal charges, while anyone can go to law enforcement and complain about what someone did, it is the prosecutor's office that screens the cases and decides what will be prosecuted. This sounds like a situation where you are simply unable to pay a debt. If you are being threatened with arrest for not being able to pay on a loan from a finance company, you need to speak with a consumer rights lawyer. You may have a claim under the Texas fair debt collection practices act or the similar federal statute.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.


  3. It depends on the facts of the situation, although technically the lender is not who "puts out a warrant." If, for example, you signed a post-dated check(s) to guarantee repayment of the loan, the lender could turn in the check(s) as hot check(s) and swear out a complaint, which a prosecutor could use as the basis for a criminal charge.

    This answer is intended to be taken as general information and not as specific legal advice. You should always consult a qualified attorney and make him familiar with all the relevant facts in order to get proper legal advice. Every case is different, and they must be evaluated on a case-by-case basis. David N. Smith 812 W. 11th Street, Suite 201 Austin TX 78701 (512) 457-0100 defenseattorneysmith.com

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