How can an honest mistake become a felony?

[CdwJava]

Suppose they refer to an (imaginary) arrest warrant in a letter and are in-state... can they be fined under FCRA or whatever?

Or even worse, suppose a creditor forges a copy of an arrest warrant for your arrest and offers to drop the (imaginary) charges only if you pay up, isn't that criminal activity? Ie, extortion!?

They are not going to produce a phony warrant. The mantra generally involves a reference to a pending warrant, or a statement that they will ask for a warrant, or one might be forthcoming if the person doesn't pay up. This sort of activity can be unlawful, but, no local law enforcement agency has the resources to pursue out of state companies that do this, and few states will do more than enact administrative sanctions against those more egregious companies that might do business in their states.

Even if criminal, it is prohibitively expensive to investigate and pursue minor offenses in other states. Most local law enforcement agencies will do little more than document the complaint on paper ... if that.

 

[signalhill]

What is the name of your state (only U.S. law)? Florida

My wife received a phone call from a gentlemen today stating that he was being asked to contact my local (Okaloosa) county to serve her papers and an arrest warrant because of a bounced check ($27) from approximately 10 years ago. The arrest warrant is in relation to the fact that shortly after she closed her checking account because she moved with family out of state. She says that she was unaware of the bounced check upon leaving. Because of that, it looks like intent to commit fraud.

...

Should I settle and pay the money, or wait to see if the warrant is true and follow it through to court?

Update, OP? The collector claims to have 'papers and an arrest warrant' to serve his wife. Did he serve anything other than phone call(s)? Ie, documents; even a letter yet?!

 

[quincy]

Suppose they refer to an (imaginary) arrest warrant in a letter and are in-state... can they be fined under FCRA or whatever?

Or even worse, suppose a creditor forges a copy of an arrest warrant for your arrest and offers to drop the (imaginary) charges only if you pay up, isn't that criminal activity? Ie, extortion!?

Here is a link from the FTC with information on fair debt collection practices and what to do if you think a debt collector has violated the law:

http://www.consumer.ftc.gov/articles/0149-debt-collection

You can report the debt collector to your state's Attorney General, and you can potentially sue the debt collector and collect damages.

signalhill, not every poster will return to the forum with updates (in fact, most won't), although it is always nice when they do.