Legal Question in Credit and Debt Law in Maryland

Debt Collection

I received a loan over the internet with payments to be automatically taken from my checking account. The account was overdrawn and closed by the bank. I owe $682.00. A man from a firm called Allen, Lewis and Associates called this am stating a criminal charge was being placed on me today at 5 pm if I did not pay the entire amount. I am unable to do this today. He stated something about internet fraud. Is this possible? and what are my rights. I do not disagree about the debt but would like to be able to pay in payments. He gave me to tomorrow at 2 pm to pay - I'm praying my check is there for me tomorrow. Thanks


Asked on 5/03/05, 3:01 pm

1 Answer from Attorneys
Michael Worsham Michael C. Worsham, Esq.

Re: Debt Collection

It is illegal under both the federal Fair Debt Collection Practices Act, and the Maryland Consumer Debt Collection Act, to threaten criminal prosecution to collect a debt. You could sue for actual and statutory damages under the FDCPA if the calling party is a debt collector, as opposed to the original creditor, and can sue under MD law regardless of who the caller was. You may still have to pay the underlying debt as your posting implies.

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Answered on 5/04/05, 6:38 pm


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