Legal Question in Credit and Debt Law in California

I received two messages on my cell phone saying that there is a lawsuit filed against me and an officer will come to my mailing address to take me into custody if I do not immediately respond and there's a pending $15,000 judgement against me. I have not received any written information from any company regarding a lawsuit. I blocked my cell phone number and called the call back number. The person who answered the phone refused to give me any company information unless I unblocked my number and call back. How should I handle this situation?


Asked on 10/13/10, 7:43 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Real debt collectors and lawyers will never threaten you with being jailed. It's a scam. Ignore them.

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Answered on 10/18/10, 7:59 pm

At a minimum you are a victim of major violation of the Fair Debt Collection Practices Act. More likely you are an attempted victim of a con. Debtors prisons were done away with in this country before 1776. You cannot be arrested for a debt, no matter how large. The only way you can be arrested in any way connected with a debt is if you disregard a lawfully issued order to appear in court that is hand delivered to you, and then the arrest is for contempt of court, not the debt. You should report this to the police. If they determine that the call came from an actual collections agency, let us know. I'm sure there are attorneys who answer question on this site who are in your area and would be more than interested in going after these guys.

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Answered on 10/18/10, 8:00 pm
Steven Simons Law Office of Steven A. Simons

The prior two answers are right on. You should first report to the police and then GOOGLE the number you have. You may very well end up with a collection agency to pursue on a Fair Debt Collection Pratices claim. My offices ar ejust up the 405 from up an dwe would be happy to see what we can do to help.

Good Luck

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Answered on 10/18/10, 8:51 pm


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