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I just received a phone call from a debt collector stating that a warrant has been issued for my arrest due to an unpaid payday

Shortsville, NY |

loan back in 2008. I was incarcerated In November in 2009 thru Jan 2011 for a different matter and till this day I have not received anything in the mail. They stated I had to pay $2100.00 by today otherwise I will be going to jail. I paid them$1100.00 and they said I had till the 30 to pay the rest. Is this legal

Attorney Answers 6


  1. Not quite sure what is meant by unpaid payday. It does not make sense that you could go to jail for a civil matter without some type of court hearing. You may want to consider consulting with a local attorney. Good luck.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.


  2. My understanding is that payday loans are not legal in NY. Check http://www.nyc.gov/html/ofe/html/help/tips_payday.shtml. I would suggest speaking with an attorney before proceeding.

    The information provided in this response is for informational purposes only and should not be construed as providing legal advice or establishing an attorney-client relationship. Recipients of this information should not act upon it without consulting legal counsel as individual situations and facts may vary.


  3. This is an illegal tactic they use to get money from you. They harass you with these things. A private party cannot obtain a warrant for your arrest. A police agency can request a judge to issue a warrant if they have probable cause to believe you committed a crime. I advise not speaking to anyone further about about your case and consult with an attorney in confidence, as soon as possible.

    The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Theodor Kapun and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney.


  4. Seems like you should have asked first before paying. Find an attorney fast. I hope it was not a scam.


  5. Tape the next call and then sue them for violating the Fair Debt Collection Practices Act.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  6. A debt collector generally doesn't refer to warrants.

    Joseph A. Lo Piccolo, Esq.
    Past President, Criminal Courts Bar Association
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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