Legal Question in Credit and Debt Law in Pennsylvania

Can I be arrested for a charged off credit card from 2011? I have someone calling me, claiming to be an attorney stating if I don't set up automatic withdrawals from my bank account within an hour that they will send out a warrant for my arrest for "theft by deception". They also stated they were going to call my employer & tell them I was being arrested. I called my local sheriff's dept who searched the # for me & could find no trace to that # in the U.S. & he also warned me of a similar local scam going around. Not sure what I should do. If I owe money, I'm more than happy to make arrangements but they refuse to send me something in writing, stating they need to settle this within the hour.


Asked on 9/09/15, 1:09 pm

1 Answer from Attorneys

Arrested? Did you commit a crime? Charge-off is an accounting term. It means basically that the card holder stopped paying and the balance on the credit card is now a bad debt.

The statute of limitations has run for this if you last paid on the account on or before 9/10/2015.

And real attorneys do not call people and make these stupid statements. How do you know its an attorney? Because he or she said so? Don't believe it. Its a debt collector and debt collectors lie. All the time. If someone tells you they are an attorney, then you ask for their bar number and state of admission and you take their number and get back to them after you look them up and verify the information.

NO! The statute of limitations may have expired and you make no payment arrangements. If you do, you will re-set the statute and start it running again. I have several articles on my website about time-barred debt. I suggest you read them. www.rachelhunterlaw.com.

Why are you calling the sheriff? if a case is filed for a credit card or personal loan debt, its always a civil matter, not criminal. If an action is filed, it may be served by the sheriff or certified mail. The case would be on file at the courthouse or with the local magistrate if the action is in small claims.

And if you were going to be sued or even arrested, why would someone give a courtesy call to your employer? That makes no sense at all. Usually, if someone has committed a crime, the police just arrest the person after obtaining a warrant. They don't give bad guys courtesy calls.

It sounds like typical conduct from a pay day lender not a credit card debt. That or else it is one desperate and dumb debt collector.

Here is what you should do. Next time you get a phone call from this yahoo, you write down the number which appears on your caller id. You ask the "attorney" for his name, state of admission to practice law and bar number. You ask if the call is recorded and ask if you can record the conversation too. if you have a way to do that, then do it. Before you start making payment arrangements, you ask the person about the debt. Confirm when the date of last payment was, what debt this was for, if a junk debt buyer now owns the debt and a physical address for the person. Then you ask the person if he has sent you a letter about the debt. Fair Debt Collection Practices Act requires that a letter be sent to you within 5 business days. Provide your address and have them send/re-send and advise them you will review and get back to them after you receive the letter. Then you hang up. You google the number to find out who is calling and chances are you will not find any attorney under this name. In such case, you do not call back. If a letter arrives, you review and if the statute of limitations has expired or if this is for a debt you do not recognize, you either send a drop dead letter or a debt dispute letter. I have information about all of this on my website as well.

If you follow these simple steps, that "attorney" will not be bothering you again.

Read more
Answered on 9/10/15, 2:24 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Pennsylvania