Legal Question in Credit and Debt Law in California

Auto finance company threatening me

Can a collector from an auto finance company threaten to call the police and report my car stolen if I do not either turn my car over to them or pay the past due amount in full??? I was left a message on my voicemail from this collector telling me I am hiding a vehichle which is not mine, and I am commiting a felony, and that he was going to report my vehicle stolen to the police department after he left the message.I am 3 months past due I admit, but I tried to make two payments to them to bring my account up to date, and they would not accept that. I was under the assumption that this is a civil issue, not a criminal one. Can you please tell me if he is legally aloud to threaten me with this action, and if not, what should and can I do to pursue legal action against him and/or the financial institution??


Asked on 3/12/07, 11:16 pm

1 Answer from Attorneys
Bryan Becker Stutz Artiano Shinoff & Holtz

Re: Auto finance company threatening me

There are both state and federal debt collection laws that apply to your situation. Both seek to prevent this type of collection behavior. If the third party collector violates the Fair Debt Collection Practices Act (FDCPA), you may be able to recover up to $1,000 per violation. You would be well advised to document every interaction with this company and seek legal counsel asap.

Bryan Becker

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Answered on 3/13/07, 12:53 pm


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