Legal Question in Credit and Debt Law in Illinois
I got a call from a mediator saying that I'm going to have a warrants out for my arrest for an internet loan that my ex filed for. I haven't got a letter about the this. She said has an affidavit that she is going to sign off on it if I dnt pay by the next day. She wouldn't let me talk to the prosecutor or her client to better understand the whole situation. Could it be a collector trying a scare tactic to make me pay it? I looked up the number she called from and there are fraud complaints about this person/ number. What do I do?
2 Answers from Attorneys
A mediator would not call you and tell you that a warrant would issue. Unless you have been served with papers, no warrant would issue. No warrants are issue in civil cases unless you are served with a citation and fail to appear, and that requires personal service, so it would seem that this person is attempting a scare tactic in violation of federal law. If you know the name of the client, then send them a certified letter demanding proof of the debt and demanding they cease collection efforts until you are provided with same.
That was no mediator. It was more than likely a sleazy debt collector. Unless you signed an agreement to repay the loan, you are not even remotely responsible for it. Even if you are responsible for the debt, I am not sure how many Fair Debt Collection Practices Act violations your question contains. Contact a consumer protection attorney or the attorney general's office.
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