I missed 2 payments on an account while I was out of state with my dying mother. When I returned home and realized the payments were late I called the creditor and was told it had been turned over to collections. Out of the blue an "attorneys office" called and said I had 24 hours to make a payment or a warrant for "theft by conversion would be issued". I offered to mail them a payment or send it western union, but they said it had to be electronic check, and that if I didnt open a checking account on the next day and give them my info. by noon that they would file this "theft charge" against me. Can they do this???
2007-08-30 14:19:32 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
depends on the product. You should not have allowed this to happen though. Seeing as you missed 2 payments....sounds like it was within a month. I doubt it takes a month to forget you have bills.
2007-08-30 14:47:34 · answer #1 · answered by Anonymous · 0⤊ 0⤋
This isn't a question to pose at YA. Call a lawyer in the morning--or open a checking account and get the payment to them.
Please be extra sure that the attorney's office that wants the electronic payment is actually who your debt has been "sold" to. There are quite a few scams out there, most demanding immediate payment by Western Union or other "instant" means.
2007-08-30 21:26:52 · answer #2 · answered by Anonymous · 0⤊ 0⤋
This sounds like a con I know of.......what they CAN do, IF the debt is legit, is bug you with phone calls ad infinitum including using computers to call you......and ultimately file a claim in court which will allow you to appear and arrange a payment schedule or to contest the charges.......at
WORST, a judgement will be made against you by the court and your paycheck can be charged........what you describe sounds like questionable tactics by an unscrupulous collections company.......
2007-08-30 21:31:12 · answer #3 · answered by superbird 4 · 0⤊ 0⤋
do not open a checking account it could all be fake.the worse that can happen is they put you in the bad credit files and keep trying to scare payment out of you.really its happened to me a lot just pay if you want to but if you don't the worst will be that you wont have good credit for awhile.
2007-08-30 22:11:29 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No, they can't do that.
Call the state office that regulates attorneys and tell them about it. It's probably a criminal act to threaten criminal prosecution in order to collect a debt.
2007-08-30 21:32:14 · answer #5 · answered by open4one 7 · 0⤊ 0⤋
No, they can't. I suggest you go speak to your bank & get them to refer you to a financial advisor. You CAN be sued, but not charged criminally with theft. Conversion is a tort for the taking & using of property. Debts are NOT conversions. Go see a financial advisor.
2007-08-30 21:27:34 · answer #6 · answered by cyanne2ak 7 · 0⤊ 0⤋
Naah... They'll just sue you.
When you make a payment make it to the company directly cause debt collectors will charge you a fee for services.
2007-08-30 21:26:52 · answer #7 · answered by Anonymous · 0⤊ 0⤋
It depends on the type of dept, but probably not. The Fair Credit Collection act protects consumers from this type of action.
2007-08-30 21:28:10 · answer #8 · answered by arvis3 4 · 0⤊ 0⤋
NO NO NO they cant do that. there are laws they have to follow to collect a debt. tell them you will pay but that they can take that warrant and stick it where the sun dont shine
2007-08-30 21:26:44 · answer #9 · answered by kchap9 2 · 0⤊ 0⤋
i dont think they can do that. look in the front of the phone book or online for free legal advice and ask an attorney., there is no reason they cant accept your offer.
2007-08-30 21:27:36 · answer #10 · answered by fishshogun 5 · 0⤊ 0⤋