Legal Question in Credit and Debt Law in Florida

I received a call from an attorney who said that he was representing a lender. He said that he was filing papers to take me to court for a uninsured loan. He said that I needed to pay 1785.00 or face fraud charges because I closed an account and that in my state is an felony. He wants me to pay immediately 736.00 as an settlement. I do not know this person have not received any letters to my knowledge. Is this a treating tacked and should I request something in writing? He said that it has to be done right away like today or by Friday. This attorney is in Buffalo NY


Asked on 5/12/10, 4:25 am

1 Answer from Attorneys

Robert Wilcox Wilcox Law Firm

Request proof in writing. This sounds like it could be a fraud, unless you are familiar with the underlying account.

The "felony" comment is very likely to be wrong. I don't know what state he is allegedly talking about, but it is hard to believe that closing a bank account is a felony.

The short "time limit" is also indicative of a fraud.

Before you pay anything, confirm the debt. Any legitimate collection attorney will provide that to you. If they can't, I would not pay a dime.

You also have to be careful about "rehabilitating" a debt that is so old that you can not otherwise be sued on it. If you pay something, you can be deemed to restart the staute of limitations on the debt.

I suggest you review clarkhoward.com for more information on dealing with collection calls.

Good Luck.

Robert Wilcox

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Answered on 5/24/10, 5:52 am


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