QUESTION
How do I deal with Debt Collector Threats?
Asked on Feb 19th, 2013 on Bankruptcy - Michigan
More details to this question:
I received a voice mail yesterday threatening to charge me with theft of services and with defrauding a financial service. They also said they were going to be serving me within 24 hours if I didn't call in to make some type of payment or arrangement. I'm not certain who they are or who they are trying to collect for. I need advice on how to handle this situation. Thanks in advance.
6 ANSWERS
What they are doing is illegal and a violation of federal law. You have evidence that they have broken the law. I would ask for their address. Then send them a letter asking them to validate the debt.
Answered on Feb 21st, 2013 at 10:22 PM
If this is a debt collector, that communication is illegal. I'm guessing it's a scam. I have been getting a lot of calls from consumers getting harassed by alleged collectors for payday loan companies. But the collectors never leave phone numbers and don't have legitimate addresses. If you don't owe any money, the call is likely a scam. They want your bank information over the phone. Don't give it to them! Ask the collector what date they are collecting, who is the original creditor, where they are located, what their phone number is. If they are talking about putting you in jail, it's almost certainly not a legitimate collector and a legitimate debt.
Answered on Feb 21st, 2013 at 9:13 PM
Landlord & Tenant Attorney serving Thibodaux, LA
at
The Louque Law Firm, L.L.C.
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You should speak with a consumer lawyer in your area as soon as possible. Making threats of criminal charges can be a threat under the FDCPA if the caller is a debt collector. It really depends on who is calling you and the type of matter they are calling about.
Answered on Feb 21st, 2013 at 8:27 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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There are a number of things you can do. Also for more information see www.ftc.gov. This website has a ton of information concerning debt collection practices and what is allowed under the law. We don't know enough facts to guarantee an outcome, but I would say that this sounds typical of bottom feeding collectors. They are saying that they will take action that is 99% certain they won't. This sounds like a scare tactic. What I recommend sometime that people do is to speak to them and tell them that you will make payment to get them off your back but do not admit to owe the debt...say that you will pay only to get rid of the harassment. From there demand an address and say you will send a money order...you will not pay in credit card or a wire transfer, you will send a money order so you need an address. Once you get the address, send them a "stop calling me" letter. You can find samples on the FTC website. Send it certified and keep a copy. If they contact you after that you may have an unfair debt collection claim against them.
Answered on Feb 21st, 2013 at 8:19 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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This sounds like a payday advance operation where you have written checks to repay but they are not being honored. See an attorney.
Answered on Feb 21st, 2013 at 8:16 PM
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
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This type of call is made by scammers, often located outside the United States, who seek to get bank account information. You should report the call to the local police, Attorney General, Federal Trade Commission, and Consumer Financial Protection Bureau. Do not pay. Do not provide any personal information. Ask for a writing setting forth their claim and who they are. A non-fraudulent debt collector is required to provide written notice of the debt, the business name and address of the collector, and your right to dispute the debt within 5 days of the first contact with you. Nonpayment of a debt is not theft, fraud, or a crime of any sort.
Answered on Feb 21st, 2013 at 8:16 PM