Criminal Matters The primary reason the police are usually uninvolved in typical unpaid loans is the distinction between civil and criminal law. When Non-Payment Becomes Fraud While owing money is not a crime, obtaining credit or goods with no intention of paying is often considered fraud.
When Non-Payment Turns Into Criminal Fraud
In a civil case, the remedy is typically financial compensation or a court order to compel payment, not arrest. The short answer is generally no, but the reality is more nuanced, depending on the specifics of the debt and your location.
Sending a formal demand letter outlining the debt, payment history, and a deadline for response often prompts payment. This is because proving criminal intent can be difficult and requires a high standard of evidence.
When Non-Payment Turns Into Criminal Fraud
In these instances, calling the police is appropriate because you are reporting a suspected crime rather than enforcing a contract. For the police to get involved, there usually needs to be evidence that a crime was committed at the time the debt was created, not just that the payment is late.
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