Legal Question in Credit and Debt Law in Michigan
Civil complaint for credit debt collections
I received a call from an attorney stating a civil complaint was filed against me and if I didn't want this matter to proceed to actual court I should agree to an amount to pay. I mentioned the statute of limitation and they became very hostile stating they I would be accused of fraud and forced to fly to another state and force to pay the entire amount if I didn't agree to pay something. I never agreed to pay anything. I obtained my credit report and did not see this credit card account anywhere on my credit report. I'm pretty sure this debt is over the statute of limitation but since it isn't on my credit report how do I find out. This attorneys were threatened me and I would prefer not to call them back.
Your advice please
4 Answers from Attorneys
Re: Civil complaint for credit debt collections
It sounds like this debt collector violated the Fair Debt Practices Act which is a federal statute that governs what a debt collector can and cannot do. A debt collector may not lie to you or try to deceive you, threaten to take actions they do not take or intend to take, and generally harrass you.
The FDCPA provides that if a debt collector wants to sue you, they must file in Michigan (or the state in which you reside) and in the district court that serves your city/township.
My office handles FDCPA violation cases and I would happy to provide a free consultation. You can contact me at 248.679.1552.
Rochelle Guznack
Re: Civil complaint for credit debt collections
If a complaint was filed, they need to serve you. Ask them when that is likely to happen. You probably have several grounds for defending yourself, and I agree consulting an attorney is probably a good idea.
Re: Civil complaint for credit debt collections
If the account is not on your credit report, then the statute of limitation has likely run.
The debt collector attorney is not allowed to make such threats against you. You should not be threatened with a meritless fraud allegation. Furthermore, you would not under normal circumstances be hailed into a different state and if a case was filed in a different case, you would merely remove it back to Michigan.
Call their bluff. Next time they call ask in which court the complaint was filed and when you will receive your copy. Ask for the full legal name of the person to whom you are speaking. Tell them you are recording the conversation. Take copious notes of the conversation.
If you would like representation in this matter, please contact me. I have at my website under the consumer law section, many articles on dealing with debt collectors. Furthermore, I have a sample letter which you may send to the creditor to stop their efforts. The website is free and no cost to search and review the articles.
Good luck.
Re: Civil complaint for credit debt collections
you ate best served by hiring an attorney to help you on this. The collections attorney may have violated the law also. Visit www.kliszlaw.to discuss. Tim Klisz
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
