Is is legal for collection agencies to threaten you with fraud and concealment?

Question

I keep getting calls from someone calling themselves "Investegater Smith" without giving me any agency or company or department and threating that he alone can charge me with criminal charges. O hid nothing and I've not commited fraud that I'm aware of. What's the legality of this???

Answer 1

It is important that you look up, read and understand what is known as the FDCPA. It is the ancroymn for Federal Debt and Collections Practices Act. It is what dictates what any collection agency can or can not do.
First, what they are doing in not only illegal, it is prosecutable under the law.
If you think about it, not paying your debts is NOT A CRIMINAL OFFENSE, unless you have written bad checks. It is however a civil offense in which you can be sued, nothing more. If you lose your wages may be garnished, but unless it is for back child support or state or federal taxes you won't go to jail. To be threatened is an overt act of intimidation, and you could have him thrown in jail depending on your particular state laws.
Heres what I suggest that you do. If his number does not come up on caller id, you can contact your phone company, or pay the 5.00 bucks to get the number. They have a way to track his number if you complain that he is threatening you. I would also pull up a copy of all three of your credit bureaus to determine if everything is correct. If not, get it fixed. If you need help doing that, e/mail me. I will step you through it.
Every time this guy calls, document the date, time, and the conversation. If you record it, you must tell him in order for it to become evidence. But, if you simply write it down, it becomes legal record. If you tell him your recording, he will just hang up, or change his approach.
It would also be a good idea if possible to have someone who can listen on an extension phone as a witness to his harassment and illegal threats.
Get a decent track record over time of this, then find a lawyer. You can also use the internet to track back his company if nothing shows up on your credti bureau that may give you a clue as to who this company and guy is.
As a note, collection agencies do not hire 'investigators".
Finally, DO NOT give this guy any truthful information whatsoever, nothing. You can bs him all you want, but don't give him a damn thing. You could give him a phony address so he could send you a bill. Use a po box, or a friends address so you can be sure to recieve it. That will be hard evidence as to who and what company if any he represents. You can act stupid, pretend you are going to pay, but only by money order or check and only by us mail. Of course, don't do it, just get him to send you a bill.
I have more years of experience with this kind of crap than I want to admit, but I know how to take care of this and I hope things work out for you.
Good luck. E/mail me if you need anything further, I am glad to help.

Answer 2

Yes, it is illegal....they don't care. You are dealing with the very lowest form of pond scum on the planet. No one, but NO one but the D.A. can issue criminal charges against you. Just hang-up on the jerk. Change your number, call block, anything. To hell with them. In the meantime, get three part time jobs and get these scum out of your life. WARNING: do not under ANY circumstance, give them electronic access to your bank account or a post-dated check or a check over the phone. No matter how much they cry or scream. If they say they will not take an overnight check or money order, then hang-up again. If they ever get hold of your checking account they will EMPTY it. At worst, open another account with the exact amount you are going to settle for and give them that check number. You are playing with a live snake, take care not to get bitten.

Answer 3

my question is what he would "charge" you with and for what?

As everyone else says, collection agencies will try any kind of deceiving to get people to pay up and they in turn get their money... However as others said with the call tracing and a recording, you could have the police and the DA charging THEM with phone harrasment and depending upon if you can get them to fudge as in who will charge you and what jurisdiction and how, possible impersonating a police officer/official of the court as only people in connection with the law can file criminal charges... (all he probably can do is civil charges is my guess)

If not for a loan you have outstanding, it's a scam and doing the same things can help the police nab them with phone harassment and possible impersonation charges also

Answer 4

He's trying to get personal information from you. Don't fall for it. Next time he calls, ask him for his badge number, telephone number, exact name of the company, address, etc. Do not give him any information. Also, tell him you have the telephone company's tracer and you will prosecute when you get the report from him. Actually, the phone company does have this capability. After a call, you have so many minutes to call their number and they get the information for you. The only thing when you do go through them, you must prosecute the person(s) who is calling.

Answer 5

no its not legal but all of them will do it,,and most of them will get away with it..but in any state they cannot legally threaten you,,you can press charges against them,,as long as you haven't threatened them,,in most cases they will say you have threatened them if you tried to press charges against them,,good luck with it,,and have a good labor day.

Answer 6

This is not a legitmate call. Tell Mr. Smith that you are contacting the police. If he calls again, do so. (You do have caller I.D., yes?)

Answer 7

Next time he calls record the conversation and use it against him.

Answer 8

No they cannot legally do that. Hang up on them.

Answer 9

Try paying your bills. That will surely make him go away.

Answer 10

youv got some nut calling you...if he calls again just hang up...he will get tired of wasting his time...