i was rudely harrassed and threatedened to be sued for fraud by a collection co. today. Can they do that?

Question

in 2002 a credit card went into collections but i moved..and they just caught up with me. they called and said if no payment is received today they will sue me. they told me to not pay my rent or borrow the money. when i told them i couldn't do that but i could make payment arrangements they told me that i thought this was a joke and started raising his voice. i was at work when i called them back and he demanded he know where i was at because he heard noises in the background. i was at work...what he thought i was at a party or what? is any of this legal. can they threaten to sue me for "fraud" because of an unpaid dept? he said he will have the cheriffs at my door if i don't pay today. Please help...

Answer 1

These people use 'tactics' to scare individuals like yourself! You are talking with a commissioned collector who works for a company that bought the debt from whoever it is that you stiffed.

I don't condone your action of not paying your bills, but I detest people like the one you described. He will call again, because part of their tactics is to keep calling you until you succumb to their pressure tactics. My suggestion to you is to tell them to take you to small claims court because that's the only way they will get anything from you. While you are at it, demean the person who is calling you, the sleazier you can be the better your tactic will work. Eventually, they will just give up unless you give in. They won't take you to court because they're all bluff.

Answer 2

No. Debt collectors may not: use threats of violence or harm; publish a list of consumers who refuse to pay their debts (except to a credit bureau); use obscene or profane language; or repeatedly use the telephone to annoy someone.

Debt collectors may not use any false or misleading statements when collecting a debt. For example, debt collectors may not: falsely imply that they are attorneys or government representatives; falsely imply that you have committed a crime; falsely represent that they operate or work for a credit bureau; misrepresent the amount of your debt; indicate that papers being sent to you are legal forms when they are not; or indicate that papers being sent to you are not legal forms when they are.

Debt collectors also may not state that: you will be arrested if you do not pay your debt; they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so; or actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action.

Debt collectors may not: give false credit information about you to anyone, including a credit bureau;
send you anything that looks like an official document from a court or government agency when it is not; or
use a false name.

A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts.

You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.

If you have an attorney, the debt collector must contact the attorney, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.

Answer 3

Some debtors simply refuse to pay the bill. In this case, the collection agency may sue the debtor, either to simply motivate the debtor upon service with legal papers or to use the court system to force the debtor to pay. Most collection agencies in the United States hire outside collection lawyers. These collection attorneys frequently have considerable experience in debt collection lawsuits. First, the lawsuit is filed with the court. Then, the debtor must be notified of the lawsuit by having the court documents served upon him or her, usually in person. The person presenting the documents to the debtor is usually a process server and usually works for a separate process service company, to avoid allegations that service was not done correctly. Depending on local laws, process may also be served by a local Sheriff’s Deputy. Once the debtor is served, he or she must take some action to respond to the lawsuit, though the specific type of response depends on individual state law. If there is no response, the collection attorney will usually request that the court grant a default. A default judgment is one that rules in favour of the collection attorney because the debtor did not respond to the legal notice. Default judgment is almost always granted if the debtor does not respond to the lawsuit. Once the collection agency's attorney has obtained judgment, he is empowered to take action to obtain the money from the debtor. A number of options are open, depending on the state the debtor is in and the status of the debtor's employment and assets. Typically, the most effective method to collect on a legal judgment is to garnish a debtor's wages. The court will send or serve an order of garnishment to the employer. This requires the employer to deduct a certain percentage of the debtor's paycheck and forward it to the court, which in turn forwards the money to the collection attorney. Under Federal law, the amount of the garnishment cannot exceed 25% of disposable earnings or the amount of earnings exceed 30 times the minimum wage (15 U.S.C. § 1673). Some states have additional restrictions on garnishment as well. However, depending on the state in which the debtor resides, those who are earning less than $20,000.00 per year generally cannot be garnished by third-party collectors. Also, debtors who are already being garnished, especially in cases of child support, cannot have additional wages garnished. A creditor who has obtained a judgment can also execute against a debtor's assets, such as automobiles, bank accounts, and real estate. Every state has specific restrictions and procedures regarding how and what may be executed against. These are often called "execution exemptions." When an asset (other than money) is executed against, it is usually sold, in many cases by a public official such as a sheriff. The proceeds, minus fees, are then given to the judgment creditor. Any excess proceeds are to be returned to the judgment debtor. Judgment creditors may also place liens on certain bonds the debtor may have with the government, such as the bond that contractors are required to have when operating a construction company. Specific laws and procedures can vary considerably from state to state. Most states have Statute of Limitations laws that limit the length of time from the commencement of delinquency in which a collection agency can file suit.

Answer 4

The man was most definitely rude and what he did could easily be construed as harassment. However, they can indeed sue you for not paying your bill. They are able to use any legal means possible to collect the money that you owe them.

You may want to call back and speak with a supervisor. Another option you may want to consider is to get in touch with a debt consolidator. Many times they can help stop the phone calls and set up a reasonable payment plan that can get you back on track.

Answer 5

No they absolutely cannot do that. The collector was in violation of the Federal Fair Debt Collection Practices Act. Here is a link that provides you with information http://www.privacyrights.org/fs/fs27-debtcoll.htm.

A similar situation happened to me when I inadvertently skipped a month's payment for a department store card. I had misplaced the bill. A bill collector called me at home (I wasn't working that day) and harrassed me on the phone, trying to get me to give her my checking account and bank number. I refused, although I said I would drive to the store that afternoon and pay the bill in person. That wasn't good enough she wanted to know the EXACT time I was going to leave. I argued back that I would go when I was good and ready, what else did she want? Then unbelievably she said she wanted me to "get out of bed now and go pay my bill". Of course, it was late morning and I wasn't in bed, so I was very insulted. Well, I wasn't about to let that conversation go. I made several calls to the department store, the headquarters, and so on, until I tracked down the exact office where that woman worked and I talked directly to her boss. After I gave him a piece of my mind, along with some threats of my own, I had him apologizing profusely. I'll bet she didn't expect that I'd track down her boss!

Don't be intimidated. Learn about your rights and if necessary, take legal action against the collection agency.

Good luck.

Answer 6

From the Federal Trade Commission:

A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts.

You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action.

Debt collectors may not harass, oppress, or abuse you or any third parties they contact.

Debt collectors also may not state that:

* you will be arrested if you do not pay your debt;
* they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so; or
* actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action.

Lots more good info here:
http://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm

Answer 7

What this company did is ILLEGAL. You need to contact your State Attorney Generals Office. You may need to contact a debt consolidation company also and/or an Attorney. They CAN NOT sue you for FRAUD. They may be able to collect this debt by a court order and garnish your wages, but I would contact a Lawyer to protect myself. I would make sure I have notified the Attorney General and write a letter to the Better Business Bureau in this matter. Threats are illegal over the phone...that is a federal offense. Don't stop paying your other bills for these jerks. I would also write a letter to this company and send it certified mail and tell them you can afford X amount to them each month...ALWAYS send it certified with return receipt. Hope this helps and God Bless You.

Answer 8

All you have to do is say "Don't call me" and he is forbidden to do so.

As far as a suit, people threaten all sorts of things. If he "has the sheriff at your door" it will be to hand you paperwork, not to take you to jail. Tell him that you do not want to be contacted via telephone; only in writing. If he is abusive, tell him you're terminating the call due to his verbal abuse and hang up.

I think you'll find that someone bought this debt for pennies on the dollar and they're hoping to browbeat you into paying.

Answer 9

hope that he recorded the conversation threatening to bring the sheriff is illegal
go to www.bendover.com and read his site on debt collectors
you can refuse to speak to them at work and you can refuse to deal with they entirely

read ben dover

Answer 10

Well, no he really can't do what he alleges at this point. However, he can legally call you at work and can lie to you. I suggest you go see an attorney.