Creditor Wants to Have Me Arrested

I just received a letter stating that if I did not make a payment for a payday advance loan I obtained, they would forward my check to the states Prosecuting Attorney's Office for them to issue a "Warrant for Your Arrest". First - Is this legal in the State of Maryland? Second - Is it legal for a collection agency to run a credit check on you without your knowledge?. Third - Is the spouse responsible for a loan even though he did not co-sign for it, but his name appeared on the check?

[JETX]

1) Yes, a warrant can be issued. They loaned you money in return for a post-dated check. When they deposited the check, it was returned as NSF (or account closed). This is considered 'Theft by Check' and a complaint can be filed with the local District Attorney, who can charge you with a crime and a warrant will be issued.

2) Generally, it is a violation of the Fair Credit Reporting Act for someone to get a copy of your credit history without your permission. However, I am willing to bet that the 'loan' agreement you signed gave them that right.

3) This is really two issues. First, since he didn't sign the check, he is not criminally responsible. Second, I don't believe Maryland is a community property state, so the fact that his signature is NOT on the loan means he is not responsible for the loan.

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Steve Halket
Judgment Recovery of Houston
JRS.Houston@excite.com
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!

Thanks for your reponse. However I still feel as though my husband and I were violated by having a collection agency run a credit check. I (husband was not on the loan, but his name appeared on the check) did not sign a loan document that required a credit check because it was a payday loan company. Also if I am making payments toward the check can, they still issue a warrant for the arrest of me and my husband(who did not obtain the loan)or take any other legal course of action?