Legal Question in Credit and Debt Law in Florida

late credit card payment-threat

I am going on 3 months late on my credit card payment. I have had this card about 3 years with no prior late payments because I get it directly withdrawn. However, i was unable to pay when I promised and the creditor had my job page me emergently while I was out of the office. He told me that if I didn't pay today that he was going to have the sheriff ''serve me papers'' I took this as a threat, is this true. I have never heard of this behavior for a few months past due! I think he was trying to scare me.


Asked on 9/28/07, 10:34 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: late credit card payment-threat

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It does sound as if a collector overstepped his bounds. Collectors are not allowed to make unwarranted threats or any of many other prohibited practices under the United States Fair Debt Collection Practices Act. A good summary of allowable and prohibited procedures can be found on wiki at:

http://en.wikipedia.org/wiki/Fair_Debt_Collection_Practices_Act

If a collector violates the act, they may be liable for damages up to $1,000.00 for each violation.

Scott R. Jay, Esq.

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Answered on 9/28/07, 10:47 pm


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