Legal Question in Credit and Debt Law in Minnesota

press charges?

hi, my name is kyle. i received phone call from a guy that my credit card company hired to talk to me about setting up payments. i was away from the phone, but my wife picked up and told him that i wasn't available. the guy then told her that he was going to press charges on me, because his patience is running out! then he hung up on her. can he really press charges?


Asked on 10/08/08, 2:30 pm

3 Answers from Attorneys
Kent Gravell Cundy & Martin, LLC

Re: press charges?

He makes it sound like criminal charges will be brought which is absurd. What the credit card company can do is bring a conciliation court complaint (under $7,500) against you or a district court complaint (more than $7,500). Watch for either in the mail or someone at your house may be served personally by a process server. Then make sure to answer the complaint.

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Answered on 10/08/08, 2:34 pm
David Anderson Anderson Business Law LLC

Re: press charges?

You may have a prima facie case against 3rd Party Collection attorney for violating the Federal Fair Debt COllection Practices Act.

He should NOT have talked to your wife re; debt and threatening criminal action violates above law.

You may have the right to damages vs. collector. Call or email for assistance.

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Answered on 10/08/08, 2:36 pm
Kent Gravell Cundy & Martin, LLC

Re: press charges?

One exception to my earlier statement is if you wrote a check that bounced and the credit card company provided you notification. See Minnesota Statute Section 609.535 if this applies to you. (you can Google it if you don't have other access to the statutes)

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Answered on 10/08/08, 2:43 pm


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