Legal Question in Credit and Debt Law in Georgia
I have a company that I am not able to find online that has called my job threatening to send uniformed officers to serve me due to a default on a payday loan. He stated if I paid a certain amount he would call off the order. This seems like a scam but he had all my personal information and I work at a school. I do feel afraid but I do not feel this person claiming to work at a law firm has the right to tell me I will be served on my job and criminal charges based on defrauding a bank because I didn't pay on the loan. Please help! Can they do this to me?
2 Answers from Attorneys
Assuming that you didn't actually take out a loan, why would you think a criminal could get you arrested. Report them to the police and FBI, and stop accepting their calls. Real people at real law firms don't make such calls.
First, you need to take a deep breath and start using common sense. Lawyers do not call people and tell them they are going to be arrested. Nor do police. If you commit a crime ,then the police arrest you if they have a warrant. If you have not committed any crimes, then you are not going to be arrested regardless of what some yahoo tells you.
Second, neither the police or lawyers ask for money. If you owed money, say on a credit card or personal loan and you get letters. If you ignore the letters, then you get sued civilly, but that is different from what you describe.
Thirdly, it is not very difficult for people to get other people's information these days. Have you checked your credit report lately? If this person had your personal information then perhaps there is some identity fraud or theft going on. You should get your report and see. If so then check out the fact sheets at www.privacyrights.org (fact sheet 17 and 17a - deals with identity theft).
You can report this person to the police, the attorney general in your state and any other agency. However, this is not likely to go anywhere because its a scam from Africa or elsewhere. Try googling t he phone number calling you and see what you find. You already said you can find no info on the internet. So if you cannot find them then neither can law enforcement and if they are overseas, its going to be virtulally impossib.le. Real lawyers are licensed with the bar in the state where they are admitted.
Next time this idiot calls you, take control of the conversation from the get go. If he claims to be a lawyer, find out where the lawyer is admitted and get the lawyer's bar number. Is it a GA-licensed attorney? If not, you cannot be sued by that person. If the person claims you took out a loan, get details. When? How much was borrowed? Did you take any money out from a payday lender? Even if you did, payday loans are virtually illegal in Georgia unless the lender complies with GA law. Most times they don't and its the scam lenders who are committing crimes and who will go to jail. Tell the person that you are reporting this information to the authorities. Hang up. They will not waste time calling you again.