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Merchant threatens to file felony charges over unpaid goods

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Terrydershem

New member
What is the name of your state? we were buying tires from a place called RNR tire express in Shreveport Louisiana, we got a few payments behind, and the manager texted my wife’s alternate telephone number which was her mothers who has a heart condition and several health issues. And told her that we owed them money and that if we did not paid for those tires or bring them back that she was going to be arrested on felony theft. Can he do this and is it legal to contact my mother-in-law to send that kind of message.?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? we were buying tires from a place called RNR tire express in Shreveport Louisiana, we got a few payments behind, and the manager texted my wife’s alternate telephone number which was her mothers who has a heart condition and several health issues. And told her that we owed them money and that if we did not paid for those tires or bring them back that she was going to be arrested on felony theft. Can he do this
I think the "can he" question is rhetorical, since he obviously did.
and is it legal to contact my mother-in-law to send that kind of message.?
You gave him the number as an alternate contact number...why wouldn't it be legal?
 

adjusterjack

Senior Member
It would be illegal under federal law but federal law only applies to collection agencies. Louisiana law applies to the direct creditor. Section 3562 addresses Unauthorized Collection Practices:

http://www.legis.la.gov/legis/Law.aspx?d=107679

It doesn't appear that the contact, itself, was illegal.

As to the threat of "arrest on felony theft" I don't know. The Louisiana Consumer Credit Law starts with Section RS 9.3510:

http://www.legis.la.gov/legis/Laws_Toc.aspx?folder=75&level=Parent

Way to much for me to take time to read so I'll leave it to you to study up and see if there is any remedy.
 

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