Can a collection agency file charges against anyone?

Question

I found a a fraudulent account on my credit report. Challenged the claim and the file was removed from my credit report. Now I am getting calls from a company called Tri-Financial out of New York state. They are a collection agency that has this fraudulent account and they are trying to collect. Here is the real problem: Since I stated that the account was a case of fraud they are claiming that they can claim fraud against me and they are going to file fraud charges with the district attorney in my county. I get calls stating a fraud case has been filed then I get more calls stating they are about to issue a warrant for fraud. Personally, I think this is a "scare tactic" they are using to attempt to collect on this account.

My question is...can they really file fraud charges or is this a scare tactic?

I'd like nothing more than to tell them to take their scare tactic and shove it.

Answer 1

First of all, quit answering the phone from these idiots! Send this collection agency a "debt validation letter". Here are some examples:

http://www.fool.com/seminars/ev/?sid=0029&lid=504&pid=0000

From here on out, document any calls received (should you decide to answer the phone) and be sure to get names, phones numbers etc and then file a complaint with the Federal Trade Commission. Here is their link:

https://rn.ftc.gov/pls/dod/wsolcq$.startup

Also, here is a link to the Fair Credit Collections Practices Act, read it and become very familiar with it:

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

Overall, the answer to your question is NO, they can't file fraud charges and YES it is a scare tactic. Their behavior is illegal and can result in severe penalties.

Answer 2

Call a lawyer, and also send this company any proof that you have that this was a fradualknt account or attempt at identity theft. They can't file fraud against you if you did not do anything fraudulant. So you need to collect anything you can from them and talk to a lawyer

Answer 3

This company is a joke! They called our house with that "affidavit" "investigation" talk and they weren't even calling for anyone that lived here, it was a distant family member they were looking for. The convo quickly escalated to them threatening me and I'm not even involved at all! If I were you I wouldn't answer their calls. It is a home based peon sleeze ball company. I caught the lady in so many lies she hung up on me twice and then claimed it wasn't her..she's the only one that works ther besides the guy with the deep voice. They're scumbag liars don't tell them crap.

Answer 4

Stop talking to them on the phone. If you already have proof that the account isn't yours, send the collection agency a cease and desist letter (certified mail, return receipt). Indicate the debt is not yours and to never contact you again. They have to stop.

They will probably sell the debt to another agency. So be prepared to send another cease and desist to the new agency when they call.

Answer 5

Sounds like bulls**t. Call the company and ask to speak to a manager, tell them to send it to you in writing and they are no longer allowed to contact you via telephone (they can only legally correspond with you in writing if you tell them to quit calling) and you will have your attorney review it (bluffing) meanwhile, call the company who sent this to collections, it's probably a clerical error. You might have to pull your report to show where this was corrected as proof. Tell them you will file a harassment complaint if this continues. You have rights.

Answer 6

Wether it is a scare tactic or not if you did not make the charges then you should have nothing to worry about.