QUESTION

Illegal activity by "debt collection attorney"

Asked on Jul 17th, 2015 on Consumer Fraud - Florida
More details to this question:
I received a call from someone identifying herself as a lawyer, stating that I was facing criminal charges (check fraud, theft by deception and one other). They threatened to notify my place of employment, garnish my wages and place a lien on any property I owned. This "lawyer" would not provide me with her bar number, nor the law firm's address or website. They also would not tell me the name of the party supposedly filing charges against me. When I told the "attorney" that her behavior was illegal, she hung up on me. My question is, what recourse do I have against these frauds?
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1 ANSWER

Commercial Litigation Attorney serving St. Petersburg, FL at Law Office of Guy P. Coburn
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Did you get the name, telephone number and address of the caller?  Obviously, to take any action, you have to be able to identify the person.  Do you know the name of the company or "law firm?"  Is the person located in Florida?The actions taken by this person are, indeed, illegal.  If this was about a consumer transaction, then the Federal Fair Debt Collections Practices Act (FDCPA) probably applies, and the Florida Consumer Collections Practices Act (FCCPA) also probably applies.  Under these statutes, you can sue the collector and recover any actual damages you suffered (probably none) plus statutory damages of up to $1,000 for each of the two statutes.  Plus, the collector must pay your attorney's fees and costs if you win.However, this is useless unless (1) you can prove who the collector was, (2) the collector has assets against which you can collect. This call may have come from a scam person.  You may want to contact an attorney who practices in the area of Consumer Collection Harassment cases.  Usually these attorneys will provide a free consultation, and the attorney may be willing to take the case without charging you any fees because the attorney expects the Collector to pay those fees.  (Most of these cases from legitimate collection agencies are settled fairly quickly.)If you have the person's name and address or telephone number, you can go to the Florida Bar's Web Site at www.flabar.org to check if the person is a licensed Florida Attorney. If you believe that you will not be likely to collect any claim, you may also want to consider reporting to the Florida Bar and the Florida Attorney General that someone is attempting to collect a debt by falsely claiming to be an attorney and threatening criminal prosecution.
Answered on Jul 20th, 2015 at 12:23 PM

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