Stop a debt collector’s empty threats

Calls from debt collectors can add to the stress of having financial problems. When those calls involve harassment, threats and intimidation, the situation can get even worse — especially if you don’t know your rights.

The FTC enforces the Fair Debt Collection Practices Act (FDCPA) to protect consumers from deceptive, abusive, or unfair debt collection tactics. On June 23, 2014, the FTC filed a joint complaint with the State of New York against National Check Registry for violating the FDCPA by allegedly using outrageous and intimidating methods to get people to pay debts immediately — often debts that were in dispute.

Among the alleged tactics that National Check Registry used was telling people they had committed check fraud or another crime and threatening them with lawsuits, garnishments, arrest or imprisonment if they didn’t pay. The FTC and the State of New York alleged that National Check Registry routinely told people they had to pay within 12 or 24 hours to avoid having a local court system or law enforcement agency come after them. Frequently, the company would tell a person’s family, friends and coworkers that the person committed a crime or was involved in a legal proceeding.

 

In fact, these were empty threats. According to the complaint, National Check Registry has no authority to make arrests or seek other criminal punishments for failure to pay these debts.  

If you are facing debt collection, understand your rights. Under the FDCPA, debt collectors are not allowed to:

  • call you before 8 a.m. or after 9 p.m.
  • contact you at work if you’ve told them verbally or in writing that your employer doesn’t allow you to get such calls in the workplace
  • harass or abuse you or anyone else they contact about you
  • lie about the amount you owe
  • use deceptive methods to collect a debt from you. For example, they may not:
    • falsely claim to be law enforcement officers
    • claim that you’ll be arrested if you don’t pay your debt
    • threaten to seize, garnish, attach, or sell your property or your wages — unless they are permitted by law to do it and intend to do so
    • give false credit information about you to anyone, including a credit reporting company
    • use a fake company name

Collectors usually are prohibited from contacting third parties more than once. Other than to obtain location information about you, a debt collector generally is not allowed to discuss your debt with anyone other than you, your spouse or your attorney.

Be sure to file a complaint with the FTC if you think that a debt collector has violated your rights.

 

Tagged with: debt, debt collection
Blog Topics: 
Money & Credit

Comments

Thank You Much

YOU ARE GREAT WHO PROTECT THE PUBLIC IN LARGE.

THANKS AND GOD BLESS YOU.

RAJ

I just received an ACS threat about a payday loan. I made NO such transaction.

Hello,
I am trying to work out a problem with Target Credit card, I have notified the attorney general in Boston/Lawrence area for me. waiting for response. What can I do with that still standing on my credit report. $84. How can I assure that my credit that is cleared up is noted on my 3 credit score companies. It has made my life a mess. Please respond on how to clarify these facts so they reflect my good credit history of payments?.

If you find mistakes when you review your credit reports, send letters explaining the mistakes to the 3 credit reporting companies and the businesses involved. This article provides you with information about what to do and it includes sample letters you can use in your dispute.

I recently in March tried to get a loan from America Cash Payday.They called me and said I was Approved for a loan. And was told that I needed buy a green dot card put a $1OO on the card call them back and I will be receiving the money on my Visa on 15 minutes and the $5000 would be in my account. I waited for 30 minutes called them back cause it was not wired I didn't have the funds in my account. And Brian Bradley the person who was the person I talked to wasn't answering my phone calls.My Approved loan was for $5000 and when I was getting the information from him he said I could receive $10,000.Of I send another $1OO.I told him that I can't do the extra $1OO o just want to stay with the $5000.He calls me back after a week and says that I wad Approved for a $10,000 loan and I will have to pay the other $1OO.So i told him I want my mou back. and he said that I can't have the money $1OO back cause it was put on a hold until I send the other $1OO. Than I got a call from I Christine Brown and she said that they wouldn't be able to pay me back my $1OO or get the loan for $5000 wired to my account but they will be able to send r to my thru Western Union but i would have to pay the $1OO first Startzman the green dot card and I trusted her I did what was told to me. And to call her back in half hour .I waited called her back. And she said that I owed the IRS she gave me the number I called it and the man I talked to said that i had 24 hours to pay over u $1000 but since I was Approved for a loan I would just need to pay half of the thousand something to America Cash Payday and if I didn't do what he said I will be arrested with in that 24 hours. I hung up called the police and made a police report.Add till this day i still have it gotten the $200 I set them.
I also called IRS and haf no record of the man I talked to.T police officer said that it was a scam a d my IDENTITY THEFT my name and social security number was at risk. IF you are able to help me with my complaint please do.

First of all, if you haven't found this out yourself yet, the kind of loan you were offered is illegal in the United States. It's called an advance fee loan, where you are told to send an amount of money, usually with Green Dot or through Western Union, and then you will get your promised loan amount. Forget it. You will never see the money you sent in advance of receiving the loan again, let alone the loan amount you were told you would get if only you would send $100...and then...you find they want you to send $100 more...and if you are still playing along, believing them, they'll ask you for yet again another $100...if not $200...why not $500? So long as they can string you along, they'll just keep asking you to give so you can get. Thing is, you'll never get...a thing.

Think about it: If you need a loan, how is it you are supposed to be able to pay anyone money? You NEED money, you don't have it to give out. So don't. Like I said, advance fee loans in this country at least, are totally illegal. Want to do something about it? Report the people's names you got in relation to the loan they promised you to the FTC. They can help you. No, you likely won't ever see the money they suckered out of you again. But at least you can help stop them from scamming any more people. Consider it a lesson learned, report them to the FTC, and then let it go. There isn't another thing you can do about it except learn from your mistake. Good luck!

Or you could pay your bills on time and not have to mess with them at all....

Pete you must be a "bill collector" or just have a general lack of compassion.

NONE

Thanks.

they are calling my employer about six times I am afraid that I will loose my job for this they are threatening me with a warrant for my arrest.

You can only be arrested for a criminal offense. Not a civil offense. You are NOT considered a criminal in America if you can't or don't pay your bills. It is a civil matter only, and no one can arrest you for not paying your bills. We got rid of debtor's prisons eons ago. Don't let anybody make you believe that you can be arrested for a debt. Any debt. As to them calling you at your job, the FCRA laws clearly state that if you tell a collector that they may NOT call you at your place of employment, they must stop, or you have the right to sue them, and collect up to $1,000 for their disobeying the law. DO NOT let them get your goat over anything. Tell them that you will sue them if they EVER call you at your work again. Better yet, Google "collection agencies threats" and read for yourself the various web pages that state what collection agencies can and cannot do, and when they have broken the law. Then when they call, cite that part of the law to them, and tell them to cease as of right now, ever calling you at work again. And they must obey you, if they are to obey the law and not have to pay YOU or perhaps lose their license to exist as a collection agency forever more. Good luck!

I am still waiting for the court case against JACKSON HUNTER MORRIS AND KNIGHT debt collectors to come to give back the $5700.00 they took from me in 2012. I hope this is resolved soon.

You get them good. I've had it with abusive collectors as well as abusive attorneys acting as collectors.

Thank you so much for your web site; the information available allows me to be more confident in dealing with these robo calls and possible cheats.

Got 8-10 calls today saying I owed a payday loan. I was threatened, told he was an officer, then an investigator then an arbitrator. Threatened with court, jail etc. He screamed, I hung up, he called back.. over and over and over.

Hey Frazzled. Sounds like this could be a scammer trying rip you off. Don't give them anything.

My husband got a call like this July 25th they gave us a case number and he would be served papers to go to court . My husband called the number they said 844-891-8228 ,they said it was about a charge card ,he never had. They told him they couldn't help him then, they would see him in court. Are these practices legal or scams .

I just received a call like this today and I'm not sure what to do next. I haven't been served any papers yet. I will have to seek legal advice.

They are absolute scams. Often, you may notice that the people who call you making these threats have English as a second language. Most of them speak with an accent that you KNOW isn't an American accent. And that is because most of them aren't even in the United States when they call you. They use Majic Jack or VOiP to call you from their own country - usually on the opposite side of the world from the United States, and have what seems to be a U.S. phone number for you to call back on and...what they hope...for you to believe that if pay them, right then, you won't have to got to court. If a creditor or collection agency were to truly sue you, you would have to be served court papers by a county sheriff at your home address. And I believe, by law, you have to be given ten days notice before you are required to show up in court to answer the summons about a law suit from a creditor or collection agency. And if that did TRULY happen, and you can't afford to pay what in truth you do owe, what you do is go to the county courthouse and pick up a form called a Slow Pay Motion. You fill that out, listing your income and your debt, and those things, when your day in court does occur, will be why the judge will mostly likely allow you to make small payments on what you are being sued for that got you a summons to court in the first place.

But when somebody tells you that you will have to show up in court tomorrow if you don't pay them today, it's a scam, always a scam. Google "Slow Pay Motion" so that you understand what I am talking about. If indeed you do owe a bunch of money you simply can't pay, the Slow Pay Motion, filed with the court, will keep a creditor or collection agency from garnishing your wages, putting a lien on your property, or freezing your bank accounts. But you have to know about these things if you are going to get past ANY creditor or collection agency, even the valid ones, from trying to fleece you for all they can get.

Don't let it happen! The courts are there for you too, not just for corporations!! Good luck!!

Some debt collectors can be ruthless, calling all hours of the day and night, and threatening arrest and violence if they don’t get paid. Speaking in heavily accented English, they may use foul language and they don’t hesitate to lie about who they are, where they are calling from, or what they will do to you if you don’t pay up right away.

Thank you for all the info. I have had several collection agencies call me about the same issue that had been taken care of. The new agenties calling me are claiming that I paid their money to the wrong people and I was going to jail,that the documents sent to me were no good. Can I sue these people for lying that a warrant will be issued for by arrest if I did not send them xxx amount of money? They all use different phone numbers and call themselves by different names when I call them. Karen

Sure.You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. Learn more in the FTC's article "Debt Collection".

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