Legal Question in Credit and Debt Law in California
A legal firm called me stating that I was going to be sued on criminal charges and arrested if I don't cooperate with them on a past debt. I didn't recall the debt and asked for proof, he said he didn't have to give me any but gave me a bar number of 873349, how do I go about finding this lawyer to see if he is legit? I know I can't be criminally prosecuted for a debt, it's a civil case.
5 Answers from Attorneys
The bar number does not exist. See http://members.calbar.ca.gov/search/member_detail.aspx?x=873349 . Threatening criminal charges and arrest is a violation of the Fair Debt Collection Practices Act. If the person should call again, obtain contact information, and then speak with an attorney who would consider suing for a violation of the law. Do not be intimidated by the threats.
That's not a valid California Bar Number.
It is probably a collection agency and if so, you have a case against it under the Federal and State Fair Debt Collection Act. Do you have the phone number or any other information? Did you get any letter from it before this call? The bar number does not exist. Please contact us if you have any questions.
You might also let calls go to voice mail and see if they leave recorded illegal threats. Then save the messages to tape (saved voice mails sometimes automatically delete after 15 days). Use a call log to keep track of all conversations and what was said and when they called if you talk directly to them. If they call too frequently or at odd hours, then be prepared to get a copy of your phone bill to show calls received. Get caller ID. These threats and false ID are violations but you have to be able to prove them later if you want to have a case.
Also, NEVER ADMIT TO ANYTHING ABOUT THE ALLEGED DEBT TO STRANGERS ON THE PHONE. Further, within 5 days of their initial contact with you, they must give you certain disclosures of your rights to dispute the alleged debt. Have you gotten any mail about this? Get their name and address and company and the name of the alleged creditor and the alleged amount due. If you get their contact info., you can send letters to accomplish certain things, like getting them to stop calling or even stopping all collection efforts until they provide you some kind of proof, but your timing has to be right. Do not tape live phone conversations unless you really know the law on it and follow that law... it can get you in serious trouble.
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