Legal Question in Credit and Debt Law in Georgia

payroll check/arrest

my daughter accidently destroyed a payroll check. her store manager requested a replacement check. the company stopped payment on the replacement check. they refused to investigate the discrepancy. a collection agency is going to arrest my daughter for the check. the employees of this well known nationwide restaurant were very nasty,unprofessional, and implied that my daughter is a sleezy thief. if they would just look into the matter, they would find the mistake, but of course, there is no way possible they could have made this mistake. i want to sue them for the months i have tried to reason with them, payment of the check, removal of the charges on her credit report(she cannot write a personal check on her new account),and if possibe, some type of slander. December 29th is the deadline for payment of this check. the collection agency said they will place a warrant for her arrest. she is now 18 yrs. old, but she was 17 at the time of her employment with this franchise. if i have a case please let me know, or what can i do to ensure that they do not treat anyone else in this manner. thank you


Asked on 12/29/00, 9:19 pm

1 Answer from Attorneys
Ms. Tran Lankford Tran Lankford, Attorney at Law

Fair Debt Collection Practice Act & Fair Credit Reporting Act

I will attempt to answer your question, but the e-mail does not provide me with all the information I would like to have. I am confused as to the factual background of the situation, but from what you have written, you MAY have a case against the debt collection agency. Based on what you have written, under the Fair Debt Collection Practice Act, a debt collector has to abide by rules in collecting a debt. A debt collector cannot just come and arrest your daughter, or even threaten her that the debt collector will come and arrest her. Without knowing more of the situation, that is all I can say right now. As far as the credit report, if you know that there are errors or false information that have been placed on your credit report, you may be able to make a claim against the party who knowingly place the information on the credit report without investigating first, if you suffered damages. There are so many variables in credit reporting cases, and you have not provide any of the information here needed to thoroughly answer your question. I STRONGLY RECOMMEND YOU CONTACT AN ATTORNEY. PLEASE REMEMBER THAT I ANSWERED YOUR QUESTION BASED ON WHAT YOU HAVE WRITTEN, YOUR SITUATION MAY BE DIFFERENT IF THE FACTS DIFFER. THERE ARE TIME LIMITATIONS ON BRINGING SUCH SUITS, PLEASE CONTACT AN ATTORNEY RIGHT AWAY.

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Answered on 1/04/01, 7:09 pm


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