Legal Question in Consumer Law in Pennsylvania
Debt Collection
I Received a letter from a collection attorney stating that I will be arrested for willful contempt of court for not showing at a hearing that was in Lackawanna county, I live in Washington county and could not travel there, unless I contact him and set up a payment plan within 7 days. Could this be considered a threat? Pay or go to jail. There are 2 judgement againist me for this debt in 2 different counties.
2 Answers from Attorneys
Re: Debt Collection
I would be very surprised to see a letter from a Pennsylvania Attorney that threatens jail for non-payment. That simply cannot happen, at least based on the limited facts that you have presented. Jail would only be a possibility if you were actually in Contempt of Court via a judge's order, perhaps based upon your failure to attend a debtor's deposition or something of that nature. Simply failing to pay a Civil monetary judgment will not have you ending up in jail. Having said that, again, that opinion is based upon the limited facts presented.
If that letter does threaten jail, and if jail is not warranted, that is a serious violation of the Fair Debt Collection Practices Act and you would be eligible to file a lawsuit agaisnt the attorney.
Re: Debt Collection
You asked about debt collection.
Debt collectors are governed by the Fair Debt Collection Practices Act. This law provides specific limits on what debt collectors may or may not do.
Given the wording of the letter that you provided you should see an attorney immediately. It is a violation of the FDCPA to threaten criminal action regarding a collection of a debt. the neat part is that when a debt collector violates the FDCPA they are automatically on the hook for statutory damages and payment of the debtor's legal fees. Lawyers love these cases as the debtor doesn't have to worry about the legal fee and the lawyer is almost certain to get paid when s/he wins.
So consider contacting a local lawyer and suing the genius debt collector.
Regards,
Roger
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