More details to this question:
A collection agency keeps harassing me on a debt that I started paying them. They keep changing the payoff amount and they won't send me paper work in writing for my records so I quit paying them until I get proof that they are who they say they are. Now they say that they are taking me to court and charging me with check fraud. Can they do this?
6 ANSWERS
Kirk David Miller
Collection agencies that claim they will "charge you" with fraud or any other crime are almost never legitimate. Often, they are located out of the country. Claiming that they will charge you with a crime is usually a violation of federal law, as well. I don't typically sue these debt collectors because they are usually insolvent and/or I can never find them. Try asking them for physical address, rather than a PO Box, where you could send a payment. Likely, they will not give you one. Either way, you should not give them any more money until you have discussed the case with an attorney. A local consumer rights attorney will likely speak with you regarding this issue at no charge.
Answered on Jun 14th, 2013 at 11:19 AM
Family Law Attorney serving Durham, NC
at
Morelos Law Firm
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This is likely the typical payday loan (or similar) harassment companies that keep happening where they apparently do threaten such criminal charges as well as arresting, etc. From the facts you listed so far, that is not check fraud and failure to pay a debt is not a crime anyway, nor can you be arrested, even if they won in court and got a judgment. Write a certified letter demanding a written payoff and/or accounting of how they have calculated the charges; also include in there a cease and desist from further contact. They may likely go away for ever if they are a scam, or will eventually sue for a proper debt owed and you can continue to try to negotiate a payoff or contact an attorney to talk about the summons.
Answered on Jun 11th, 2013 at 11:44 PM
Well, the creditor can allege anything they want to allege. It will be your job to defend yourself, or hire an attorney to help you.
Answered on Jun 11th, 2013 at 8:54 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Need more details before I could render an opinion, in any case, now that they are suing you, you need an attorney.
Answered on Jun 11th, 2013 at 8:53 PM
Debt Collection Attorney serving Chicago, IL
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Edelman, Combs, Latturner & Goodwin, LLC
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If this is a payday or other loan in connection with which you gave a postdated check, no. Furthermore, the threat is a violation of the Fair Debt Collection Practices Act. If this was an Internet loan, check if the lender was licensed. If not, it is not enforceable and you can get whatever you paid back.
Answered on Jun 11th, 2013 at 8:53 PM