Warrant Scam

Individuals in several states have reported receiving phone calls or emails informing them that there is a warrant for their arrest. This communication is often part of a larger scam in which the con artist attempts to receive money based on this fraud and extortion.

Typical Scam Process

As part of this scam, a person usually receives a phone call that states that the caller is a sheriff, police officer, bounty hunter or lawyer. This caller usually states that there is a warrant for the recipient’s arrest.

In some cases, the scammers have more sophisticated technology and are able to manipulate caller ID data to show that the call is actually coming from the sheriff’s department or the police department. Often, the caller claims that the arrest warrant is due to not paying a debt, missing jury duty or committing some other minor infraction.

The caller says that a fine is due and that if it is not paid in full that the warrant will be executed. Typically, the recipient of the call will be asked to wire money or purchase a prepaid card and send it to the caller’s address.

One variation of the warrant scam is that the caller says that the recipient of the call is wanted for hacking into a business’ computer system. The caller demands payment over the phone.

Under these scenarios, the caller attempts to receive payments from as many victims as possible who fall for the scam. The caller may seek payment over the phone, through a wire transfer or through a prepaid debit card.

Warning Signs

There are several red flags that can alert individuals to a potential scam of this nature. Police usually do not call individuals to inform them that they have a warrant for their arrest. Instead, the police will likely show up in person to arrest the suspect. If the debt is a valid one, the recipient will usually receive a certified letter saying if a particular legal action is being taken.

Another potential warning sign that individuals are being scammed in this manner is by asking for payment on a debt that they do not recognize, refusing to provide the company name for the debt that is alleged to be owed, refusing to provide contact information or refusing to provide the notice in writing.

Debt Collection Tactics

The Fair Debt Collection Practices Act governs debt collection actions by debt collectors. Debt collectors are those who regularly collect debt on behalf of others. This definition can include collection agencies, lawyers who collect on a regular basis and companies that buy out debts from the original creditors.

The Fair Debt Collection Practices Act specifically prohibits debt collectors from lying during their debt collection attempts. They cannot falsely claim that they are lawyers or government representatives, falsely claim that the debtor has committed a crime, imply or state that documents that they send are legal forms if they are not or vice versa. Additionally, debt collectors cannot state that a person will be arrested if he or she does not pay a debt or that legal action will be taken against the debtor if the debt collector does not plan to take this action or if taking this action would not be legal.

Debt collectors are prohibited from other action, such as threatening the debtor with physical harm, using vulgar language, calling continually to harass or annoy someone, call at odd hours without permission or discuss the debt with anyone other than the debtor.

Legal Assistance

If an individual is contacted over the phone or via email because of a purported warrant, an individual may wish to contact a lawyer to represent his or her legal interests.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.