Legal Question in Credit and Debt Law in Pennsylvania
i paid a debt i owed to a collection agency but i didn't recignize the name on my bank statement and i called my bank they put fraud to the company since they didn't have phone number for my info. so my credit card was stopped and they gave me new one. then the collection company called me and asked me why i stopped payment i asked him the name of his company and he told me and i was embarrassed it was that co i put fraud statement to. well i called my bank and they deposited the money back to them. well i have been getting harrassing phone calls from them saying i am going to have a warrent out for my arrest for bad check unless i pay them 250.00. 1st of all the bill was for 227.50 they have also been calling my freinds family alot of people saying i am a con artist. what can i do. please advise.
4 Answers from Attorneys
The facts are not completely clear I would suggest you consult with an attorney to see what the options are.
I believe the facts are pretty clear. Debt collectors are not allowed to threaten arrest in order to collect a debt. Period. Nor are debt collectors allowed to share information regarding the reason for their call with anyone other than the debtor. The Fair Debt Collection Practices Act governs debt collectors actions.
I would recommend finding an attorney immediately. You may collect a nice statutory penalty and the attorneys fees will be paid by the debt collector should you win. Moreover in this case you may have an argument for defamation should you be able to prove that the debt collector told others that you are a deadbeat or a con artist.
I handle these types of matters and would be glad to speak with you about it.
Regards,
Roger Traversa
I think the facts are very clear as well.
Debt collectors cannot threaten arrest and may not share personal information with others. When it's false, there's even more of a problem.
The Fair Debt Collection Act, as well as Pennsylvania Consumer Protection laws would apply here. Other legal theories may also apply.
It may be possible for you to sue the debt collector, get a civil penalty awarded to you against them, and also have your attorneys fees paid by the debt collector.
I would be happy to speak with you about this matter if you would like to pursue it.
General advice - never give the debt collectors access to your bank account information or credit/debit card without getting an agreeme from them first.
More importantly, I do not understand the facts. Was this a payment that you stopped on a debit card?
If they got the money, then I do not understand why they are still harassing you. They certainly cannot be discussing your debt with third parties under both federal Fair Debt Collection Practices Act or Pennsylvania laws.
For a fee, I can put an end to the harassment. I do not pursue litigation, but I will be happy to discuss this matter with you and see whether a violation in fact occurred.
Feel free to contact me if you want to discuss this matter. I give free 30 minute phone consults or can respond to you via email.
Rachel Hunter
Attorney at Law
(678)-687-9693
Admitted in GA, PA & NC
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