When a person owes money to a creditor, the creditor has the right to take the person to court, as long as the statute of limitations on the debt has not expired. However, according to U.S. federal law, a person cannot be arrested for failing to pay a loan. That said, if a person in Oklahoma, as in other states, violates a judge's directives in a case, he can be arrested or have a warrant issued for his arrest.
Unpaid Debt
When a person fails to pay a debt, the creditor has the legal option of suing him for breach of contract. When a person is sued, he is obligated to appear in court and, once in court, to comply with a judge's directives in the case. In a debt lawsuit, a judge may order the defendant to do many things, including provide financial information, such as bank account numbers.
Warrants
While a judge cannot legally jail a person for failing to pay a debt, he can jail a person for failing to comply with orders designed to aid the plaintiff in a case in the collection of that debt. For example, if a defendant fails to provide a plaintiff with a complete record of his bank accounts, a judge may order him jailed for contempt. If he does not show up at a required hearing, the judge may issue a bench warrant.
Oklahoma Law
In Oklahoma, a person who has an outstanding warrant will, if discovered by law enforcement, be arrested and placed in jail until he can appear in court. However, a person should not confuse a warrant for his arrest with a notice from a court demanding that he appear before the court on a certain day. The later is known as a summons, not a warrant, and will not result in the person's immediate arrest.
Considerations
A person will never be arrested and jailed simply for failing to pay a loan. If a lender or other party threatens a person with arrest for not paying a loan or states that there is a warrant out for the person's arrest, then the person is lying and acting in violation of federal law. Also, if a warrant is out for an offense stemming from a debt lawsuit, then it may be honored in other states, or it may be ignored.
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