Here's my situation...
Someone asked me to stop contacting him but I continued to do so because he owes money. He then went to the police and filed a "communication harassment" against me, and vowed to sue me if I kept contacting me. There isn't a charge...only a report.
Is his words to tell me not to contact him enough for the court to see that I violated that even though he owes me money?
Shouldn't it only be a violation if he has already filed a lawsuit against me?
He has hired a lawyer but and has copied him on his emails to me, but his lawyer has not spoken a word. I have not been advised that papers have been served for a lawsuit.
Hope answers are greatly appreciated.
2007-10-12 11:01:25 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
P.S. This loan is a personal loan.
2007-10-12 12:07:24 · update #1
The amount of money owed is $3,000
2007-10-12 12:09:48 · update #2
He may think you are subject to the Fair Debt Collections Practices Act. If you are collecting on behalf of yourself and not a business, you may not be. I would contact an attorney to find out.
However, assuming you are under that, you can contact him to tell him that you are no longer going to attempt to contact him - you are simply filing a lawsuit to get your money back. If you have a small enough amount, go to small claims court and file on him.
2007-10-12 11:08:41 · answer #1 · answered by mj69catz 6 · 2⤊ 0⤋
What ever you do, keep your cool with him and document everything. Dont threaten him. If you have proof he owes u money then take him to small claims.If the amount of money he owes you is 50.00- 100.00 ,you have to ask your self if all the court stuff is worth it for a small amount? how ever if he does owe you a good amount, then u have to prove your case by getting copys of the check cashed, make notes of what he says or sends threw email, make a journal. If he says he has a lawyer and threatens you by sending pictures, you can sue him for Deafamation of charecter for making a false claim of communication harrassment. get a copy of the report filed and save the pictures he sent to you of his attorney because if he doesnt have this attorney then who ever the picture was, you find out and tell them that he threatend you with his/her picture and I bet your ***, they will go after the guy that sent the picture and sue him or press charges. Im not a lawyer but, i was in a simular situation and the dude ended up losing bad because i kept my cool and saved everything and took notes with dates.even if the picture is his attorney, he may have screwed himself because I doubt the attorney would want him to send it lol. So shhhh save everything and dont tell him what u got and do your research and get the facts. Note: I would be 1 mad dude if someone used my picture to threaten someone even if i did represent him.
2007-10-12 18:44:59 · answer #2 · answered by P.I. Dustin 2 · 0⤊ 0⤋
Once debt collection agents receive written notice from a consumer that he or she refuses to pay the debt or wants the collection agent to stop further collection efforts, the agent must cease any further communication with the consumer except
"(1) to advise the consumer that the debt collection agency's further efforts are being terminated;
(2) to notify the consumer that the debt collection agency or creditor may invoke specified remedies which are ordinarily invoked by such debt collection agency or creditor; or
(3) where applicable, to notify the consumer that the debt collection agency or creditor intends to invoke a specified remedy."
You may get past the charge is he did not advise you in writing. If a criminal charges is filed you would be wise to consult a lawyer.
If he owes you money, take the claim to small claims court. Once a judgement is entered it is far easier for you to collect.
2007-10-12 18:08:01 · answer #3 · answered by davidmi711 7 · 0⤊ 0⤋
Tel him to send you a letter requesting "cease and desist".
When you get it you are no longer responsible to inform him of your actions.
Go to small claims court. Get a Judgement. Include your legal costs, collections cost, filing cost, driving cost, dry cleaning cost (wear a suit) etc. You should be able to add about $2000.00 to the bill LEGALLY.
With the judgement, go to a local arm-twister style collections agency and sell the judgement for what the guy owed you.
They will attach everything he has, including his toenails, if necessary. His problem, you got your money.
2007-10-12 18:41:54 · answer #4 · answered by Anonymous · 0⤊ 0⤋
to be honest, this whole sue this sue that trend is getting on my nerves. Im a tenant of a building that has titled me as borderline harrasment since I showed them a video of broken doors that have access to the apt from the street. They refused to watch it and told me i cant renew the lease. I hope it doesnt come down to getting sued for farting on the street
2007-10-12 18:30:56 · answer #5 · answered by Dylan A 2 · 0⤊ 0⤋