Here’s a practical, everything-you-need guide to “Warrant of Arrest” threats over an unpaid appliance loan in the Philippines—what’s real, what’s bluff, when criminal exposure actually exists, what collectors can and cannot do, and the fastest steps to protect yourself, fix the account, or fight back. (As requested, no web search used.)
Bottom line up front (know these cold)
- Unpaid civil debt ≠ crime. Defaulting on an appliance loan by itself does not make you criminally liable, so there is no basis for a warrant of arrest just for “hindi ka nagbayad.”
- Only courts issue arrest warrants. A warrant comes only after a criminal case is filed and a judge (not a collector, not a police desk officer) personally finds probable cause.
- Collectors who threaten arrest for mere non-payment are bluffing and can face administrative and legal consequences for harassment, unfair debt collection, and privacy violations.
- Criminal exposure can exist in specific, different offenses (e.g., B.P. 22 for bounced checks; certain forms of estafa if there was fraud). These require separate elements and paperwork—they do not arise simply because you missed installments.
Part I — What your appliance loan usually is, legally
Most appliance loans are installment sales or chattel-mortgage-backed loans:
You sign a Promissory Note and/or Retail Installment Contract; the item (TV, ref, phone) is usually under a Chattel Mortgage in favor of the store/financier until fully paid.
On default, the creditor’s ordinary remedies are civil:
- Extrajudicial repossession (if the contract allows peaceful self-help) or replevin (court action to seize the item), and
- Collection suit for the deficiency (principal + valid interest/fees less value of repossessed item or payments).
Civil suits begin with summons, not with a warrant of arrest.
Can they just grab the appliance?
- If your contract authorizes peaceful repossession, the creditor (or a sheriff if via court) may take the item without breach of peace. Any force, intimidation, or trespass is unlawful—call barangay/police.
Part II — When can a warrant of arrest actually happen?
Only in criminal cases, and only after a judge finds probable cause on a filed Information. Relevant scenarios:
A) B.P. 22 (Bouncing Checks Law)
- Applies only if you issued a check (often post-dated) that was dishonored and you failed to pay within 5 banking days after receiving written notice of dishonor.
- If a prosecutor files B.P. 22 and the court issues a warrant, it’s about the check, not about “utang per se.” It’s bailable; courts commonly impose fines and/or short imprisonment, but many cases end in fines if paid.
Key defenses: You didn’t issue the check; no written notice of dishonor; check was stolen/forged; payment within 5 banking days; no consideration.
B) Estafa (Article 315, Revised Penal Code)
- Requires deceit or abuse of confidence—e.g., fraud at the inception of the loan (fake identity, sham employment, deliberate false documents), or misappropriating property received in trust.
- Mere non-payment is not estafa. The creditor must show fraudulent intent, not just inability to pay.
C) Other criminal angles (rare in appliance loans)
- Qualified theft/robbery theories don’t fit standard retail loans.
- Threats, abuse, illegal access are more commonly collector exposure (see Part V).
Part III — “Warrant” and “Subpoena” 101 (don’t confuse them)
- Subpoena from a prosecutor = You’ve been charged/complained against at the prosecutor’s office (pre-filing investigation). No warrant here. You must submit a counter-affidavit within the deadline.
- Summons from a civil court = You’re being sued for collection/replevin. No arrest. You must file an Answer.
- Warrant of arrest = Only in a criminal case after judicial probable cause. It will have a case number, court branch, judge’s name, and offense. If someone can’t give you these, it’s a bluff.
Part IV — What collectors may and may not do
Allowed (with limits):
- Call/text/visit you during reasonable hours to demand payment or discuss restructuring.
- Send demand letters and notices.
Not allowed / risky for them:
- Threatening arrest, jail, or criminal cases when there is none.
- Harassment or public shaming: posting your photo/details, tagging your contacts/employer, group chats, or social media blasts.
- Calling your family, workplace, or references to disclose your debt without your consent (privacy violations).
- False representations (e.g., claiming to be “court sheriff,” “CIDG,” “fiscal,” or “PAG-aresto unit”).
- Visiting at night, using force, or entering your home to seize property without your consent or a court writ.
You can document and complain about abusive collection and privacy breaches to the proper authorities, and you may claim damages in a civil action.
Part V — Your immediate playbook when threatened with “warrant”
Stay calm; ask for documents:
- “Please send the case number, court/prosecutor office, and a copy of the complaint/Information and supposed warrant.”
- No documents = bluff.
Save evidence:
- Screenshots/recordings of calls, texts, chat handles, caller IDs, demand letters, and receipts. Keep a running log (date/time, what was said).
Check what you actually signed:
- Promissory note, chattel mortgage, disclosure statement, any post-dated checks. Photograph everything.
If you issued checks and fear B.P. 22:
- Ask the creditor: “Was a check deposited? Provide the bank’s return stamp and the written notice of dishonor.”
- If notice arrives, pay or settle within 5 banking days (keep proof) to neutralize B.P. 22 exposure.
If a prosecutor’s subpoena arrives (estafa/B.P. 22):
- Appear (or through counsel) and file a counter-affidavit with evidence (ID theft? payments? no notice? no deceit?). Missing the deadline can lead to filing without your side.
If it’s purely civil (summons):
- File an Answer on time. You can raise invalid/ unconscionable charges, request restructuring, or consign reasonable amounts.
If they attempt repossession:
- Ask for authority (contract clause, sheriff’s writ). Refuse forceful entry. Offer voluntary turnover by appointment if terms are agreed. Document the condition of the item.
Stop the harassment (sample SMS/email below):
- Send a firm, non-admissions demand to cease false criminal threats, bar third-party disclosures, and require written communication only.
Part VI — Money math & settlement options (keep it rational)
- Recompute: Start with principal actually received or cash price, then apply contracted interest that is clearly disclosed and not unconscionable; strip duplicate penalties and undisclosed fees.
- Offer a structured plan: Smaller down payment, then short track installments you can actually follow.
- If they repossess: Get credit for the item’s value (auction/net proceeds), then negotiate or contest any deficiency (many add-ons are negotiable).
- Litigation yardstick: Courts commonly apply simple legal interest if stipulated rates/penalties are unconscionable or invalid; excessive “collection fees” are often reduced.
Part VII — Sample responses you can adapt
1) To a “warrant of arrest” threat (text/email)
I take threats of criminal action seriously. Please provide the criminal case number, court/branch, and a copy of the Information and warrant, if any. Otherwise, stop misrepresenting that I can be arrested for a civil loan default. Further false threats, harassment, or disclosure to third parties will be documented for appropriate complaints. I remain willing to discuss a lawful recomputation and payment plan in writing.
2) Cease-and-desist for harassment/privacy
Effective immediately, communicate only with me, via email/SMS during business hours. Do not contact my employer, family, or references, or publish my personal data. Do not threaten arrest absent an actual criminal case; such threats are unlawful. Continued violations will result in complaints and claims for damages, without prejudice to settlement talks.
3) Settlement without admissions
Without admitting liability for your computations, I’m willing to settle on the basis of ₱[principal balance] + reasonable charges, payable as follows: ₱[down] on [date], then ₱[x] every [frequency] for [n] months. Please send a full statement, itemizing principal, interest, penalties, and fees, and a mutual release upon completion.
Part VIII — If you’re sued or charged: defense map
Civil suit (collection / replevin)
- Answer with defenses: incorrect balance, unconscionable interest/penalties, lack of proper demand, improper repossession, or payment/set-off.
- Provisional remedies: They may seek replevin; you can oppose or post a counter-bond to keep the item.
- Settlement window: Courts encourage mediation; bring a clean recomputation.
Criminal complaint (B.P. 22 / estafa)
- B.P. 22: Demand strict proof of check issuance, dishonor, and written notice; show full payment within 5 banking days or lack of notice.
- Estafa: Attack intent to defraud—show legitimate identity, real employment, good-faith payments, or that default arose after unforeseeable hardship (no deceit at inception).
Part IX — Common scare tactics vs. the law (myth-busting)
“May warrant ka na, pupuntahan ka namin with police.” False unless they show the actual court warrant. Police don’t serve civil papers; arrest needs a criminal case and a judge’s warrant (or a valid warrantless arrest situation, which debt default isn’t).
“Blacklist ka sa NBI/immigration.” There’s no blacklist for civil debt. An NBI “hit” requires a pending criminal case or warrant—not collection status.
“Ipapahiya ka namin sa work/FB/GC.” Public shaming and third-party disclosure of your debt can violate privacy and other laws; keep evidence, then complain and claim damages.
Part X — Practical checklists
A) Evidence to keep
- Contract set (promissory note, chattel mortgage, disclosures)
- Payment proofs (receipts, e-wallet refs, bank slips)
- All communications (letters, SMS, messenger, call logs/recordings)
- Photos of the item (for condition if repossession comes up)
B) Red-flag phrases from collectors
- “Warrant of arrest” with no case number/court
- “Blacklisting” or “NBI hold” for civil debt
- Requests to deposit to personal accounts or pay “processing” to stop a warrant
- Threats to call your HR, neighbors, family group chats
Part XI — Sensible action plans (choose one)
- I can pay but need time → Propose a short, realistic plan in writing; ask them to waive penalties/fees and to stop third-party contacts.
- I can return the item → Offer peaceful turnover against full release or a fixed deficiency you can pay.
- They’re abusive → Send the cease-and-desist, then file complaints for harassment/privacy violations; consider a damages suit.
- I received a subpoena/summons → Calendar the deadline and file the proper response; missing it is worse than any collector’s bluff.
Takeaway
- No one gets a warrant of arrest just for missing appliance installments. Warrant = criminal case + judge + probable cause (usually B.P. 22 or real fraud, not mere non-payment).
- Civil remedies are repossession and collection, which start with summons, not handcuffs.
- Shut down false arrest threats, document everything, and choose a payment/restructure or legal defense path that you can actually carry through.
If you want, tell me (1) whether you ever issued post-dated checks, (2) your contract balance vs. payments, and (3) what the collector is saying verbatim. I can draft a tailored cease-and-desist, a settlement offer with a clean recomputation, or a counter-affidavit if a real subpoena has arrived.