Legal Question in Credit and Debt Law in Alabama
phone threat to have police pick me up
I have had a man call my work and my Mother inlaw and my home and told my seven year old child that he was going to have the sheriff pick my wife up if she did not send him fourteen hundered dollars! This person will not say what it is for or if it is an old debt or whom it is from.According to all our records all our affairs are up to date nor have been behind. We asked could this be a case of Identity fraud but all he says is send the money or your going to jail,there is no talking rationly to this person to try to explain what is this all about.
We looked up the area code it is New York city I tried to call the # it is a fax machine,and I faxed it and still no reply until to night he called and upset my child told my child he was going to put his Mommy in jail.
PLEASE ADVISE CAN THIS PERSON JUST DO THAT ??? What Is The LAW. !!!
2 Answers from Attorneys
Re: phone threat to have police pick me up
Absolutely not. If you are worried, don't be. There's no way anyone can have you put in jail simply for owing money. Whoever this is, they have broken the law in any number of ways. If it is a debt collector, he has committed numerous violations of the Fair Debt Collection and Practices Act. Even if he is not, his threats would be actionable separately under other laws. If you would like some help with this, I would be happy to help you track him down. Feel free to give me a call or shoot me an email (205-915-9991 or [email protected]). Good luck!
Re: phone threat to have police pick me up
If this person works for a collection agency, and not the creditor, they are bound by the Federal Fair Debt Collection Practices Act, and they are liable under that act. If they call again, you need to see if you can tape the conversation so you can have evidence against them. They will deny ever making any threats or false statements. You may also have some state law claims of harassment, intentional infliction of emotional distress and outrageous conduct, among others. These types of claims, if presented properly and with enough evidence, can warrant extensive punitive damages as a result of their actions.
If you are interested in litigation, you probably should let the individual call a few more times so that he can hang himself. If you are not interested in litigation, you should try to get the name of his supervisor and discuss these offenses with him/her. It is also good to write a letter to the company to document what has occurred. You should send it via certified mail and keep a copy for your records.
If you have any further questions, you may contact me at (205) 254-3927 or (888) 295-7409.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
