Legal Question in Credit and Debt Law in California

Urgent notice of collection via fax

I received a letter from a debt collector over the fax at my workplace.Is this valid and can I be arrested, they state that on the letter, and say that they are sending it to the police dept as well.I have be treatened by these same people before.


Asked on 2/18/09, 1:05 pm

2 Answers from Attorneys

Joshua Swigart Hyde & Swigart

Re: Urgent notice of collection via fax

This is extremely abusive and likely illegal. Sending the fax to a work place and common fax machine is likely a third party disclosure. Threatening some type of criminal prosecution without a legal basis is also illegal. If you need any assistance, please feel free to give us a call.

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Answered on 2/18/09, 2:07 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Urgent notice of collection via fax

First, you cannot be arrested simply because you owe someone money (other than the IRS and state taxing authorities). That type of conduct is a direct violation of the Fair Debt Collection Practices Act. You need to go to http://www.ftc.gov/bcp/index.shtml. At the top of the page there is a link to file a complaint and I stongly urge you to do so. The FTC has a vast amount of information on what debt collectors can and cannot do, and what you can do if they violate the law. You should also contact an attorney in your area that handles consumer law to discuss your rights and obligations.

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Answered on 2/18/09, 2:21 pm


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