Legal Question in Criminal Law in California
About two years ago, I recieved an online loan. Shortly after I lost my job and have been unable to pay. Yesterday I recived a call from an attorney informing me if I do not pay at least $350 by next week, they are going to file a criminal suit and I will be charged with a felony. I do not have any money, no job, no unemployment. I do have a child who I cannot leave. I can pay $20/week but that is all I can manage.
3 Answers from Attorneys
The person who called you was not an attorney. No real attorney would threaten you with criminal prosecution, it is against the rules of professional conduct. For that matter, no "reputable" collection agency would do so either, because threatening criminal prosecution gives you the right to sue them for a minimum of $1000 under the fair debt collection practices laws. There is zero chance that you would be charged with a crime. Do not speak to them and whatever you do, never give your bank or other financial information to a debt collector. If you receive something in writing from these people, or you would like to pursue the matter further, please feel free to contact me directly.
Whoever called you (I seriously doubt it was an attorney) has violated the Fair Debt Collections laws, if not crossed the line and is committing extortion.
Do NOT communicate with them any further. Either they will sue you over the debt or they'll let it go. I'm not hearing any criminal charges that are possible over a loan agreement.
If you do answer the phone, advise them you're recording the call and keep the recording as proof of their threats.
I hope you got the name of this attorney. I'm sure the State Bar would like to hear about it.
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