Legal Question in Credit and Debt Law in Utah

Re: bad debt loan

Absolutely, positively not. Save the message if you got one, take a picture of your cell phone showing his number on your call log, write down every detail you can remember regarding the time of your conversation and every word spoken by each of you. You should contact an attorney in your area immediately--as in today. If you are in a small community and there is an "old boys network" of attorneys, contact one from outside your area. This is the most clear and egregious violation of the Fair Debt Collection Practices Act I think I have ever seen. If you move quickly, you should be able to have the attorney who called you cutting your grass and painting your house by Spring.

Re: bad debt loan

Pursuant to the Fair Debt Collections Practices Act (FDCPA) the collection attorney is in violation of the act. The FDCPA states that a debt collector can not make statements to the debtor that are known to be false. In your case the threat is an arrest, however the non payment of a consumer debt is not a criminal matter and therefore the attorney would not be able to have a warrant issued for your arrest. By making this statement he is in violation of the FDCPA.

Is this the first time you have been contacted by this attorney? Have you received a letter from the attorney yet?

I would be more then happy to discuss this issue with you further. Please feel free to call my office or send me an email. Thanks.