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#1
07-22-2003, 07:16 PM
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 Threat of jailWhat is the name of your state? S.C. A collection agency is threatening to have my friend arrested tomorrow afternoon if he does not pay them the money he owes by then. He purchased equipment from a company a few years ago, the loan was bought out by this other agency. They call him at work every day and demand money or the equipment. He no longer has the equipment. Can they actually have him arrested? Help!!! I need an answer by tomorrow!!!  Last edited by Nancyh2; 07-22-2003 at 07:32 PM. |
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#2
07-23-2003, 07:22 AM
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| NO !! They cannot have him arrested, that's a crock of crap !! Debtor's prison was abolished in the late 1880's !!!!
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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#3
07-23-2003, 07:48 AM
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 jailThanks Ladynred, I told him that but he is trying to borrow the money today to pay them what they want. They hound him everyday, send faxes and talk to the secretary about the debt. He just wrote a letter demanding that they stop calling him. What can he do if they still call? |
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#4
07-23-2003, 08:30 AM
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| Ok, couple of questions. How old is this debt - when did he last pay the creditor? Was this a written contract or lease of some sort ? Is he being harrassed by a collection agency ? It sounds like it given the nature of the ridiculous threats - which, by the way, are ILLEGAL !! It is a violation of the Fair Debt Collections Practices Act (FDCPA) to threaten with jail or any other action that they cannot legally take nor intend to take. Whoever this CA is, they're racking up violations right and left. Do NOT let him be intimidated by these tactics. Depending on the circumstances, he may not have to pay them at all !! If they ignore the cease and desist letter (I hope he mailed it certified, RRR !!!), that is yet another violation of the FDCPA. He can SUE THEM for these violations and the law is definitely on HIS side to combat harrassing 3rd party debt collectors. You and he should read the FDCPA, pay special attention to Section 806 (Harrassement and Abuse). You can find it at [url]www.ftc.gov,[/url] under Consumer, then Credit, then scroll down til you find the Act. Get REAL cozy with it. If he's being harrassed by a CA (collection agency), they MUST abide by this law. Just out of curiosity - if it is a CA - which one is it ??
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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