QUESTION
Can an attorney notify my employer that I am being brought to court?
Asked on Feb 20th, 2013 on Bankruptcy - Michigan
More details to this question:
An attorney called me saying I received an online loan that I didn't pay back and am being charged with check fraud and 2 other things. I explained to him I never received a loan and my bank account shows this. He then told me he would subpoena me which I agreed to but he said he needs the name and address of my boss to send the same paperwork to her to notify her that I may be arrested! Is that even allowed? His paralegal has been calling my work being rude to my co-workers even after he was asked not to call and was given the response of "I can legally call anywhere I want" and "I will call every 20 minutes until you get fired." The entire situation seems crazy. The lawyer says he doesn’t have a date the money was supposedly deposited into my account and the lender said my account is blocked because they are taking me to court so I looked through every bank statement since I've opened the account and no deposit! Very confused if there is any insight to any of this I would appreciate the help!
9 ANSWERS
Landlord & Tenant Attorney serving Thibodaux, LA
at
The Louque Law Firm, L.L.C.
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You should definitely speak to a consumer attorney in your area as this is either a scam or a really abusive debt collector. They are required to stop calling you at work once you inform them you are not allowed calls at work. You can also send them a written cease and desist letter that tells them not to call. A debt collector is required to send you a letter with certain rights within 5 days of the first telephone contact. If you received a letter from this attorney, you can send a written letter advising them not to contact you by phone at all.
Answered on Feb 25th, 2013 at 5:30 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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File a complaint with the state bar where this attorney is licensed. Check out the articles on the Federal Trade Commission's web site: www.FTC.gov. My best to you.
Answered on Feb 24th, 2013 at 10:04 AM
You should consult an attorney about this situation because it is possible that the person calling your work may be in violation of the Fair Debt Collection Practices Act.
Answered on Feb 24th, 2013 at 10:03 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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Engage an attorney, call my office for an appointment or another attorney as the described actions may be a violation of the law.
Answered on Feb 24th, 2013 at 10:00 AM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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These actions by the attorney and staff appear to be in violation of the Rosenthal Fair Debt Collection Practices Act. You should seek legal counsel ASAP.
Answered on Feb 24th, 2013 at 9:57 AM
This attorney is violating both ethical rules and Federal law.
Answered on Feb 24th, 2013 at 9:48 AM
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
2 Awards
1. Online loans by unlicensed lenders to Illinois residents are illegal and unenforceable. You are under no obligation to repay anything even if you got such a loan. To determine whether a lender is unlicensed contact the Illinois Department of Financial and Professional Regulation by phone or through its web site. There is a license lookup on the web site. A lender needs a payday lending or consumer installment lending license. If they don't have one even a loan that was made is unenforceable. 2. Failure to repay even a lawful loan is not fraud or any other crime, and you cannot be arrested. 3. It is highly unlikely that the person calling you is an attorney. Most collection attorneys will send you a letter identifying themselves and providing an address. Ask for the person's full name, address, where they are admitted, and bar number. 4. It is not legal to contact an employer unless they first have a judgment which can be enforced against your wages. 5. It is not legal for any debt collector to inform third parties such as coworkers about a debt. 6. There are numerous scammers trying to con people out of money by making calls of the sort you described. Report the incident to the Federal Trade Commission, state Attorney General, and Consumer Financial Protection Bureau. If they get enough complaints they will take action against the offender if they can find them (many are not even in the US). Provide no information and pay no money.
Answered on Feb 24th, 2013 at 9:46 AM
Bankruptcy Attorney serving Overland Park, KS
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Wellman Law LLC
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That is a scam and that's not an attorney. Don't provide any personal information to them. This is a common story, where the person threatens things that can't be done including arrests, claims they are from some made up place like "The New York Law Agency" and tries to use legal terms such as "subpoena" and "affidavit" albeit completely incorrectly. The only threat that would ever be legitimate is basically "We may sue you and if we obtain a judgment you could be garnished and a lien may result" , anything more than that, especially being arrested is clearly bogus. Unfortunately this is almost certainly not a legitimate business you could sue (because they're not going to tell you who they really are and where they are) for what would be clear FDCPA violations. I simply recommend that you've been told that it's a scam and have nothing to discuss.
Answered on Feb 24th, 2013 at 9:43 AM
This is most likely a scam. These people try to pressure you into giving them money for a loan or debt you never had. Get any information you can about the caller (name of company, phone #, address, etc.) and make a police report. Don't pay them if you are not aware of the debt.
Answered on Feb 24th, 2013 at 9:39 AM