Back in November 2007, Aker was sued by the federal government for nonpayment of more than $2,600 in unpaid federal student loan debt, according to documents from the U.S. District Court for the Southern District of Texas (embedded below). The court record shows that Aker, listed as Winford P. Aker in the complaint, did not appear in court to answer the lawsuit and, as is common when student loan borrowers fail to appear, the presiding judge ruled against him and ordered Aker to pay the full balance on April 17, 2007.
According to a statement from the U.S. Marshals Service, Aker repeatedly refused to show up in court after being contacted several times. Disobeying a court order is a criminal offense. Within a few months, the judge issued a warrant for his arrest, which the U.S. Marshals carried out. So, yes, Aker was arrested, but not just because he owed a little student loan debt. He was arrested for disobeying a court order.
The Marshals statement goes on to describe the arrest, saying Aker "resisted arrest and retreated back into his home" when agents arrived:
The situation escalated when Aker verbally said to the deputies that he had a gun. After Aker made the statement that he was armed, in order to protect everyone involved, the deputies requested additional law enforcement assistance. Additional deputy marshals and local law enforcement officers responded to the scene. After approximately two hours, the law enforcement officers convinced Aker to peacefully exit his home, and he was arrested.
In the end, Aker went to court and was released. As far as we know, he did not spend any time in jail. Aker claims he was never notified about the order and that could very well be true. His address listed on the complaint is different than the only listing for a "Winford P. Aker" Yahoo Finance found in the Houston area. His court summons may have been sent to an old address (efforts to reach Aker were unsuccessful). However, the U.S. Marshals Service maintains they made every effort to track him down, "including searching at numerous known addresses."
It’s not clear why it took the Marshals more than three years to track him down, but the fact is he was arrested for failure to appear in court — not for his unpaid debt alone.
