Legal Question in Credit and Debt Law in California

hi i had a debt collection company call me, and they said that i have charges filed against me and i don't know what they are, and they thrented to serve me papers if i dont answer to the charge so i need help with that


Asked on 11/01/11, 10:14 am

1 Answer from Attorneys

Scott Jordan Jordan Law Office

It is unfortunate that collection agencies go to such extremes but it happens, a lot. This is strictly a scare tactic as the term "charges" makes it sound like a criminal offense. The United States, none of them, does not allow debtors to go to prison because they cannot pay their debts. If anything, the collections agency may have filed a civil lawsuit seeking repayment of your debt and attorneys fees and costs.

What the collection agency did was illegal under various fair debt collections practices acts. You can sue them for various violations. If they call you again, tell them you are going to record the conversation. They will probably not agree and hang up or the tone of the conversation will be much different. If not, the recording can be used as evidence in a civil lawsuit against the collection agency.

If you want the collection agency to stop calling you altogether, you can send them a Cease and Desist Letter. Send by registered return mail. The calls must stop and they can only contact you be mail.

If you have other debt issues, you may want to consider debt relief or bankruptcy. Contact an attorney in your area to discuss both options.

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Answered on 11/01/11, 11:10 am


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