Legal Question in Credit and Debt Law in Alabama

Credit Card collection threatening with fraud

In 2001 my credit card (cc) was charged off ($4k). Recently I got a message on my voicemail by a guy telling me he is representing me on behalf of Mobile County (I live in Mobile AL) and I need to call him ASAP. I called and he tells me I had been in a civil suit ($8300) and lost in Nov. 2003 in Mobile County. However, I was living in Atlanta GA until Jan 2004. I told him I never knew I was being sued. He said civil suits don�t require my knowledge of them. He tells me his firm (in NY) was hired that before it goes to criminal charge of fraud, he would �mediate� between the cc company & Mobile County. He told me if we don�t get this settled I am going to be charged with fraud. Then he explained that judgements may be placed upon me, probation, etc. He told me it is fraud because I had no intent to pay. He said we can settle now for 40% of the $8300. He said if I need a couple of months it would be 60%. He told me he was an attorney. Later I called back and someone else on the phone said it was a lawfirm. When I asked how are they differ from collection agency I was told that �we can take things to court.� Am I really about to be charged with fraud? Did I really already lose a civil case without ever knowing about it?


Asked on 3/10/04, 4:53 pm

1 Answer from Attorneys
Robert Kreitlein Robert Kreitlein, Attorney at Law

Re: Credit Card collection threatening with fraud

Well, I can't be sure without knowing more but if it really was an attorney telling you all that stuff, that person is full of it. A civil suit DOES require your knowledge of it. In fact, the civil court system requires that there be proof that you were personally served a summons and complaint. And a fraud charge on a credit account would be extremely difficult to maintain. This person sounds like a fraud. It may be some sort of attempt to scam you. Contact me via email or phone and I will contact this so-called firm in NY on your behalf to try to get to the bottom of this. If this really is a collection company or law firm, they are breaking the law.

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Answered on 3/10/04, 10:11 pm


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