A collector threatened to have me arrested
A debt collector cannot have you arrested for not paying a consumer debt, and threatening arrest, jail or criminal charges to scare you into paying violates the FDCPA. The one real risk runs through a court: if you are sued and ignore a court order, a judge can act. So save the threat, and never ignore court papers.
"If you do not pay today, we will send this to the sheriff." "There is a warrant pending in your county." "You are being investigated for fraud." These lines work because they are frightening. For an ordinary consumer debt, they are also false, and saying them is against the law.
You cannot be arrested for owing money
The CFPB puts it plainly: a debt collector cannot threaten to have you arrested, or have you arrested, for an unpaid debt. Doing so violates the Fair Debt Collection Practices Act.
The FDCPA lists this among the false and misleading practices it forbids. A collector may not:
- Say nonpayment will lead to arrest or imprisonment, unless that is lawful and the collector intends it (15 U.S.C. § 1692e(4)). For a consumer debt, it is not lawful.
- Threaten any action it cannot legally take or does not intend to take (§ 1692e(5)).
- Say or imply that you committed a crime in order to disgrace you (§ 1692e(7)).
- Pretend to be, or be connected with, the government, including with badges, uniforms or official-sounding names (§ 1692e(1)).
- Send papers that look like court process when they are not (§ 1692e(9)).
The one real risk
A collector can sue you. If it does, and a court orders you to appear or to provide information and you do not, a judge may issue a warrant, as the CFPB explains. The danger is ignoring the court, not the debt. If you are sued, do not ignore the papers: the time to answer is short. See sued by a debt collector.
What these operations have looked like in court
Arrest threats are not rare, and regulators have gone after them. Two public cases from western New York show the pattern.
FTC v. Federal Check Processing. The Federal Trade Commission sued a group of companies near Buffalo with names like "Federal Recoveries" and "State Check Processing." The court's findings, based on recordings and the collectors' own scripts, describe callers presenting themselves as investigators in a "fraud division" and warning consumers about charges before "you are picked up." The court found the threats false, entered judgment of about $10.8 million, and banned the defendants from debt collection. The Second Circuit affirmed in 2019. Read the full story: FTC v. Federal Check Processing.
CFPB and New York v. JPL Recovery Solutions. The complaint alleged false threats of wage garnishment, arrest and imprisonment by Buffalo-area collectors. A 2022 stipulated judgment imposed a $2 million civil penalty payable to the CFPB and another $2 million to the New York Attorney General, and banned the companies, owners and senior managers from debt collection. See the Circles collectors.
How to preserve the threat
These cases are won on evidence. The threat usually comes by phone, so you have to capture it.
- Save every voicemail. Export or back it up; phones delete old messages.
- Write down live calls right away. Date, time, number, the caller's name and the words used. "Warrant," "sheriff," "fraud," "criminal," "picked up."
- Keep every letter and envelope. Especially anything that looks like a court form or uses a government-sounding name.
- Ask questions and write down the answers. "What court? What case number? Who is your supervisor? What is your mailing address?" Evasive answers are evidence too.
- Do not pay on the call. Pressure to pay immediately with a card or a wire is a warning sign.
If you want to record a call, know your state's rule. New York allows a party to a call to record it (N.Y. Penal Law § 250.00). Florida requires the prior consent of all parties (Fla. Stat. § 934.03(2)(d)). When in doubt, take notes.
In New York, New Jersey and Florida
New York. GBL § 601(1) bars simulating a law enforcement officer or a government representative, and § 601(9) bars communications that simulate legal or judicial process. Consumers usually sue under GBL § 349. See New York.
Florida. The FCCPA, which reaches original creditors too, bars communications that simulate legal process or appear to come from a government or an attorney (Fla. Stat. § 559.72(10)) and asserting a legal right the collector knows does not exist (§ 559.72(9)). See Florida.
New Jersey. The federal rules apply. See New Jersey.
The FDCPA provides actual damages plus statutory damages of up to $1,000, and requires a collector found liable to pay the consumer's reasonable attorney's fees and costs. The deadline is one year from the violation. Our pages on threats of arrest or jail and fake lawyers and police cover the rules in full.
What to do this week
- Back up the voicemail or write out the call today, while you remember the words.
- Check whether you have actually been sued. Look for court papers at home, and ask a lawyer to check the court records if you are unsure.
- Send a written request that the collector contact you only in writing.
- Run the violation checker with the threat boxes ticked, and talk to a lawyer before the one-year deadline.
Sources: 15 U.S.C. §§ 1692e, 1692k; CFPB, Can I be arrested for an unpaid debt?; FTC v. Moses, 913 F.3d 297 (2d Cir. 2019) (opinion); CFPB press release on JPL Recovery Solutions; N.Y. Gen. Bus. Law § 601; N.Y. Penal Law § 250.00; Fla. Stat. §§ 559.72, 934.03.
Common questions
The caller said there is a warrant. Should I call the number back?
Do not pay anyone on that call. If you are worried, look up the court or police department yourself and call the number you find, not the one the caller gave. Then write down what was said and save the voicemail.
They said I committed check fraud. Is that different?
Saying or implying that you committed a crime in order to disgrace you is its own violation, section 1692e(7). A bounced check can raise separate issues, so talk to a lawyer, but a collector cannot use criminal accusations as a collection tool.
Can I be jailed if I am sued and lose?
Not for the debt itself. The CFPB warns that if a court orders you to appear or to provide information and you do not comply, a judge may issue a warrant. That is about ignoring the court, which is why you should never ignore court papers.
Tell us what they did.
One conversation with an attorney, in your language. We tell you which laws the collector or the credit bureau broke, which deadline runs first, and what to save this week. If it is not a case we can take, we say so and tell you where to go.
(718) 484-7510The FDCPA and the FCRA require a company found liable to pay the consumer’s reasonable attorney’s fees and costs. Our fee arrangement is confirmed in a written retainer before we begin. English, Russian and Spanish in-house; an interpreter for any other language.