Legal Question in Credit and Debt Law in California

I am being sued. But they have threatened us by saing "if you do not pay back by tomorrow we will have our boys stop by your house because we know where you live." Can I counter sue? If so for how much?


Asked on 10/02/12, 1:53 pm

1 Answer from Attorneys
Alex Rad The Law Office of Alex Rad

Such threats are unlawful under federal FDCPA.

You may be able to counterclaim depending on facts.

Even if they obtain a judgment against you, it may be dischargeable through bankruptcy.

As for FDCPA, start logging the following as to each communication:

Who?

Which creditor?

Date and time?

Content of message?

Next time, you should ask them not to contact you. A letter with certified mail return receipt requested will be very good too.

If they repeat, contact an attorney.

Do not admit to any debt.

Contact a consumer attorney if you need help.

This are general pointers and not legal advice as that requires knowledge about details of your case.

Regards.

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Answered on 10/02/12, 3:26 pm


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