I have been receiving telephone calls from legal processing associates in austin tx. stating that I owe a payday loan company from 2 years ago and that if I don't send them $1350 today, they are going to issue a warrant for my arrest. They have called my father, sister, and brother and told them all the same thing. this company is listed on ripoffreport. com, and many other people are saying the same thing. Do i have the right to press charges on them for threatening me and harrassing me and my family? They are in Texas and I live in KY.
2007-07-11 11:56:00 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Also, do I have the right to record telephone calls with them to use as evidence?
2007-07-11 11:57:06 · update #1
Nothing in your statement reaches the requirement of threats or harassment. Threats would be threats of physical harm. If I threaten to kill someone I have made a threat under the law. If I tell them I am going to take a legal action, that does not constitute a threat.
To be harassment, they would have to call more often than is permitted by law. That varies state to state, but is generally once per day.
What you can do is to tell them to send their demand in writing and to cease all phone calls. When you receive the written notice, you can contest (in writing) the validity of the debt. Since payday loans are done via a check, you should demand a copy of the returned check.
2007-07-11 12:07:42 · answer #1 · answered by davidmi711 7 · 0⤊ 0⤋
My first queston is if the loan is yours.
A collection company gets a percentage of what they retrieve. This is what drives them to be so obnoxious. They do NOT have the authority to issue a warrant. At best, they can file a civil suit in small claims court. I don;t recall the exact law regarding these people but I am aware that they can NOT harass you. I don't think you will get anywhere telling them you are getting a lawyer.
2007-07-11 12:13:46 · answer #2 · answered by spag 4 · 0⤊ 0⤋
Well first off, yes you can press charges, you should also call 911 NON-emergancy number in you city, and report it to them to get a report going, also contact you phone service and ask for you phone record, and keep track of the incoming number, and times.
After that you should record a few conversations, and sstaart a file, and compile it all, and press charges.
If you have any more questions feel free to contact me.
Sincerly: SGT Matt. M U.S. Army
2007-07-11 12:04:51 · answer #3 · answered by Anonymous · 0⤊ 0⤋
They are using strong arm tactics, they are trying to scare you. This would be a small claims case.
They can not issue a warrant for you that is crazy talk. I would make sure that you do not owe the money to them and that they do not mess with your credit rating. If this is the case talk to a lawyer about your next move.
2007-07-11 12:07:39 · answer #4 · answered by schneider2294@sbcglobal.net 6 · 0⤊ 0⤋
You have a couple of options:
1. You can contact a local attorney and have them tell you what legal rights you may have against the mentioned company.
2. Contact the FCC and they may be able to bring charges against them for you.
2007-07-11 12:07:30 · answer #5 · answered by Brad A 2 · 0⤊ 0⤋
it truly is as much as the police and district legal professional whether to press costs. in spite of the incontrovertible fact that, you should keep those voice mail messages and text textile messages and pass record a suited police checklist. it truly is unquestionably a criminal offense.
2016-10-20 21:52:44 · answer #6 · answered by rajkumar 4 · 0⤊ 0⤋
Yes, you can press charges. It is called Terroristic behavior.
2007-07-11 12:00:48 · answer #7 · answered by patricia h 2 · 0⤊ 0⤋
yeah i think u can and you should
and yes,u can record the phone call
2007-07-11 11:59:38 · answer #8 · answered by Anonymous · 0⤊ 0⤋