Legal Question in Credit and Debt Law in Virginia
I have an unsecured promissory note (in Virginia) and have been trying to work with the note holder and because I have missed a payment, he is now saying he is going to have me arrested and has been harassing me with constant phone calls. He also keeps add to the total I own him if I am late paying him.
1 Answer from Attorneys
Tell the harasser to cease and desist from the constant phone calls or you may have to hire counsel to prosecute him for violating the Fair Debt Collection Practices Act and/or related consumer protection laws. Then follow up with written notice to him that he is not to contact you by telephone at your home anymore.
As for his extra charges for late payments, if the note contains a provision that allows for such charges, then he's permitted to do it.
However, his threats to have you arrested are beyond the pale (and he should be told so in no uncertain terms) as people are not normally arrested under our system of jurisprudence for not paying their civil debts.
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