My daughter who has a mental disorder, she is bipolar & manic depressive. She has been sued by a loan company, they are threatening to have her arrested. They received judgment against her, but can they have her arrested?
The FDCPA does not permit a debt collector to state a person can be arrested for not paying a debt. Only if it is proven that a Crime has been committed and that your daughter is found guilty of a criminal act can she be arrested and that cannot happen without the proper court process. Generally it is a scare tactic used to secure a payment for the debt, but it is strictly forbidden by the FDCPA due to the fact that debt collectors are not law officers or attorneys enforcing the law.