Legal Question in Credit and Debt Law in Louisiana
I bought some material, which was given on credit, until the job was finished. the fell through and I did not get paid. I have been paying on the balance when I can , but time are tight. I explained to the vendor that as soon as jobs picked I would pay him. I'm barely keeping up with regular mo. bills. a collection agency has ben calling every day. he wants me to give him a ck, whick I don't know if I can cover by the end of the month. today he called and said he was going to take me to court. I told him to do it and I would pay the amount the judge says on a monthly basis. he then told me he would send PIs to my house and seize my bank accts and follow me around everyday and told me he would sop me from working. what can I do?
2 Answers from Attorneys
He cannot use predatory collection practices. You need to send him a certified letter stating tha you are unable to pay the full amount and you are putting him on notice that he is only allowed to send collection notices once a month by mail. There are attorneys and free legal services (if you qualify) who will help you with unfair collection practices. The police cannot come to your home without a court order. This will happen only after a suit is filed, judgment rendered and further seizure proceedings had. What you both could do is place a workers lien on the job you completed which will attach to the property until the owner pays. You should be focussing on suing the person who failed to pay you.
This debt collector has clearly violated the Fair Debt Collection Practices Act. The threats he made to you are both untrue and illegal as a collection practice. He cannot have you arrested. He cannot stop you from working. He cannot seize any of your accounts without first obtaining a Judgment (which he has not done yet). Get this debt collector's name, company name, and contact information, then tell him that you are reserving your right to bring a suit against him, his company, and his client for violations of the Fair Debt Collection Practices Act. If he continues to harass you after that, contact me. I will help you. These types of unscrupulous collection tactics burn me up.