Legal Question in Credit and Debt Law in Texas
I have an unpaid personal loan from 2008 and I had a phone call today,in which the man told me that if I didn't take care of it by the 31st of this month I would be served papers by the constable and I would also go to jail, That they would freeze all bank accounts and all my vehicle loans would default also he said they would garnish my wages . Is this true? Can they do that? Will I go to jail. He said the 3000 loan would be 24,000 if I didnt take care of it today , can they do that?
3 Answers from Attorneys
Sounds like a scam. There is only a 2 year statute of limitations on civil suits and it sounds like they are trying to scare you into paying. Tell them to provide you documentation via mail and to otherwise not contact you.
ask him to put that in writing.or tape his phone callse...he may sacrifice what is owed by violation of the Fair Debt Collection act..as all of that is false...call if you want our help
Statute of limitations for suit on a debt is 4 years. It is not a crime not to pay a debt. You cannot be arrested for failure to pay a debt. There is no garnishment of wages in Texas; that is in the Texas Constitution. They have to get a judgment first before they try to do any collection and there are many protections to debtors in the state of Texas. This is a pure intimidation tactic. Making those threats alone, whether the debt is valid or not, is a violation of the Fair Debt Collection Practices Act. The very fact threats so egregious are made makes me really wonder how valid the alleged debt actually is.
Sharon Campbell
www.dallasconsumerattorney.com
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