Legal Question in Credit and Debt Law in Nevada
Cabrera & Associates Check Collection
A friend was notified by Cabrera that her daughter had
written a bad check for a pizza delivery three years ago.
She was a co-signor on the account and therefore.
Cabrera has not provided any documention, but has
demanded 141.00 be money ordered by Monday or they
would arrest her at work. She lives in Nevada and
check was likley written in Tenn and couldn't have been
for more that 20.00. Cabrera is operating out of New
York. We have researched and can't find them in any NY
legal directories. I understand this guy was with a
company called National Check Control, which had
several suits against it. Are they on legal standing with
thier tactics. hould she pay them ??? If this is a legit
dept she would like to pay Papa Johns direct with the
appropriate bad check fee. Thanks
2 Answers from Attorneys
Re: Cabrera & Associates Check Collection
It is absolutely illegal to say they will have her arrested, and they cannot have her arrested simply for an unpaid debt, even for a 3 year old bounced check. They must give proof of the debt when requested. I would call the Attorney General's office for the State in which they received the call. I would write them to demand proof of the debt and then negotiate a payment.
JOEL SELIK
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Re: Cabrera & Associates Check Collection
It is a violation of the Fair Debt Collection Practices Act for a debt collector to say that they will have the alleged debtor arrested. It is also a violation to demand more money than the debt is.
The person who was called needs to send a certified letter with return receipt requested to the debt collector demanding verification of the alleged debt.
The person should also see an attorney about suing the debt collector for violating the Fair Debt Collection Practices Act.
You also need to check your credit report to see if the debt collector inserted a derogatory comment on the report. This may violate the Fair Credit Reporting Act and give rise to a cause of action for credit defamation.
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