Legal Question in Credit and Debt Law in Alabama

Can a Creditor have you arrested?Even if you dispute the Debt.

While working in Construction, I signed a ticket for receipt of rental equipment. For the persom I worked with. He failed to pay the debt. He does'nt deny the debt to me are the Rental company, He has even made payments with checks toward the debt. But since has stopped paying, still not denying the debt, but denying the ability to pay. The Rental Co. says I am therefore responsible since I signed the ticket, and has even attempted to have me arrested. Is this Legal?

Asked on 12/08/00, 11:05 pm

2 Answers from Attorneys

Leigh Love Leigh Love

Re: Can a Creditor have you arrested?Even if you dispute the Debt.

Do you still have possession of the equipment (or does your boss)

You cannot be arrested for a debt.(other than childsupport issues)

The rental company may SUE you

If so, hire an attorney, and bring your employer into the suit as a third party

You will need to retain any written evidence that your employer authorized you to make this rental, and any written evidence regarding the job for which you were using the equipment.

If you have any other questions please call me

No fee for consultation

Leigh Love


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Answered on 12/11/00, 6:28 am
Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: Can a Creditor have you arrested?Even if you dispute the Debt.

A lot depends on how this transaction was conducted. Were you an employee of the company that rented the equipment or an independent contractor? Did you guarantee the payment on the rental contract? What was the rental company's understanding? What does your company say about the debt? There are many factors which may enter into the issue of whether or not you are liable for the debt.

With respect to criminal action, the rental company may have sworn out a warrant against you for theft; however, they would have to prove that you intended to steal the equipment. If such is clearly not the case and you have no criminal record, you may have a malicious prosecution claim against the rental company. If you have any further questions, please do not hesitate to contact me (888) 295-7409.

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Answered on 12/11/00, 10:39 am

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