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Threats and Questions

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J

JadedOne

Guest
What is the name of your state? Mississippi

My Mom has collection agencies calling on behalf of credit card companies, and the latest threat they have come up with is if she or her attorney doesn't call them back; that they will file a fraud report against her. They don't say who the fraud report will be filed with. She can't afford an attorney because she is on SSI. Can they actually file a fraud report like they are threatenng too? Also has anyone had or heard of this actually happening? She is looking into how to file bankruptcy, she's sick and hasn't had the time or strength to do alot concerning bankruptcy.

One more thing.. :eek:

Could someone look at the pages these links are to and explain what it means pertaining to liens and someone's home if it's worth less than $75,000? She and I are both on the deed as owners.Thanks in advance for any help provided. :)



http://www.mscode.com/free/statutes/85/003/0001.htm

http://www.mscode.com/free/statutes/85/003/0021.htm

http://www.mscode.com/free/statutes/85/007/0131.htm

http://www.mscode.com/free/statutes/85/003/0043.htm
 


JETX

Senior Member
JadedOne said:
Can they actually file a fraud report like they are threatenng too?
If there is some type of criminal conduct by your mother, a criminal complaint for fraud could be filed. However, it would be VERY unlikely for that to fall to the task of a debt collector. Even without knowing the basis for their claims, I can almost guarantee that their threats are just an attempt to intimidate her into paying. In addition, their threats (unless made with a proper basis) would be a violation of the FDCPA (Fair Debt Collections Practices Act).

Also has anyone had or heard of this actually happening?
Threats?? Yes, regretably, it is not uncommon for these 'bottom feeding, scum sucking' debt collectors to threaten all kinds of illegal actions. Heard of a debt collector actually following through with them (other than filing a lawsuit), no.

BTW, the statutes you have referenced are all pretty much the 'standard' property that is exempt from seizure in your state.
 
J

JadedOne

Guest
Thanks for your reply. Neither my Mom or I have any idea what they would claim in a fraud report, the only law my mom has ever broken was speeding. Most of her credit card debit came from normal living expenses and health related things she had to pay for during the time she was waiting to see if she would be approved for SSI. She paid minimum payments for as long as she could, but eventually was unable to due to the cost of some of her medications.
 

Ladynred

Senior Member
As noted by JetX, these dirtbag collection agencies use threats and intimidation to scare people into paying and this tactic is a violation of the FDCPA. For your own edification and to help your mother, I suggest your read thru the Act.

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

Not paying a debt is NOT a criminal offense, so any threat they make implying that it is is pure garbage.

Does your mother have an answering machine ?? Does she have caller ID ??
Its pointless to talk to a collector if you don't have the money to pay the bill. If she has an answering machine, let them talk to the machine. If she has caller ID, don't pick up any calls that are 'out of area' or 'unknown'. Better yet, if you can get her signed up for Privacy Guard, a collector will never get thru to harrass her because they won't unblock their numbers. I realize its an expense, but if these calls upset her a great deal, it may be worth it. Another option is to have her phone number changed and make the new number unlisted. The she only has to be sure she gives that number to NO ONE except friends and family.
 

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