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Debt Consolidation Forums Collection agencies and creditors

can a collection agency say they will issue a warrant for arrest?





Sub: can a collection agency say they will issue a warrant for arrest?
Wed, 12/01/2011 10:40

I recieved a call from a guy called himself lopez all he said was that he represents a law firm but didnt say who i googled the number and found its from a c a recovery and they seem to claim that they are lawyers collecting debts i am sure that they are trying to collect froma payday loan i have he said this is final time he will call me and i have until 5 pm to call him back or else tommorow morning it will be turned over to legal reps and that they will issue a warrant for my arrest anyone here dealt with these people



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Gretchen VonDerhoff
Gretchen VonDerhoff
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Sub: #1 I try to avoid absolute statements because almost anything has eWed, 01/12/2011 - 10:40



I try to avoid absolute statements because almost anything has exceptions, ands if and buts that may apply. For example, if someone had written a letter advising them to cease all contact other than by mail could have bearing on the legality of a collector coming to your home.

And they might run the risk of being accused of trespassing/stalking, etc. I don't know about specific statutes so I can't quote them but if I were a debt collector I'd think twice about going to a debtor's house. For one thing, there is a difference between what is legal to do and what it is wise to do. In light of the depressed economy and not knowing the state of mind and degree of stress of a debtor, if I valued my own life I would avoid personal confrontations on private property. Someone above made a comment about arming himself in response. While it may sound amusing in an offhanded way, people have been known to shoot first and ask questions later.

Again, if the issue of whether or not it is legal for them to shoot first has many variables. Legal or illegal he/you are dead so? Why push your luck would be my viewpoint in deciding whether or not I should make a housecall to someone who owed me money in a business/contractual way.


Gretchen VonDerhoff
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Sub: #2 They can say whatever they want. The effects of saying they wilWed, 01/12/2011 - 10:28



They can say whatever they want. The effects of saying they will come and arrest you would be adverse to them because they are threatening you with doing something that is not legally possible and there fore violates the Fair Debt Collections statutes.

And a lot of them will say just about anything. Some get downright ugly. I've seen threats to dig up dead relatives and leave them laying on your front lawn, which is, needless to say, in addition to braking the debt collection statutes, just a tad bit offensive. the instance I referred to above was to a lady whose daughter had only recently died and so it was very malicious and cruel to say the least.

So yeah, they can and will say about anything. BUT that doesn't make it so.

Investigate, validate, ask questions before you choose how to act in such a situation. Never decide something soley based on what a debt collector tells you because they have been known to stretch the truth and, shockingly, LIE. That extends to instruments in writing. Just because they may present you with an affidavit saying you owe such and so and they know all about it does not make it so.

DON'T trust collectors.


Unregistered

Sub: #3 a debt agency can not come and arrest you for not paying your deTue, 01/11/2011 - 17:43



a debt agency can not come and arrest you for not paying your debt.. im sure if they said that to you they are breaking some law...



The dudes from the chex system.. .. which is like the credit reporting agency but just for banks tried to pull the same bs.. my lawyer told me to tell them that i have no business with there company and unless they can present documentation that i have a relationship with this particular debt agency that they are no to call me ever again.. n the ystopped calling


OhioGal1
OhioGal1


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Sub: #4 It's perfectly legal for a collector to come to your home.Tue, 01/11/2011 - 11:24



It's perfectly legal for a collector to come to your home.

How to Deal with Unlicensed/Illegal Payday Lenders - Step by Step Instructions

I am not an attorney. I am not offering legal advice. The information and ideas I share are my opinion only and do not necessarily reflect the opinion(s) of the owners of this website.


Unregistered

Sub: #5 God.....I would LOVE for a CA to show up at my house to threatenTue, 01/11/2011 - 11:05



God.....I would LOVE for a CA to show up at my house to threaten me. That would the PERFECT excuse to go to my gun safe.......!


sdchargers_63
sdchargers_63
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Sub: #6 debtThu, 12/04/2008 - 21:24



I've never had a CA tell me they will have a warrant out for me, BUT...I HAVE had a few say they will show up at my house...........good grief!! I ask if they know where I live. THEN they have the gull to ask me to "update my information with them." Yea...right.


Unregistered

Sub: #7 Demand a letter of the original party's debt ...Thu, 12/04/2008 - 20:59



ASK for details - name, address, amount of original debt, contact names at original business, dates, phone #'s, etc. and you should expect to receive it within 5 to 7 business days...if they refuse, then they are showing their hand as a fraudulent source - in ohter words - they are scam artists!


Unregistered

Sub: #8 recorded callsThu, 12/04/2008 - 17:03



no. they were recording me. and i agree, they could say i got rid of the mail from them, but i had to ask them how much was the original debt and how they got the # they said i needed to pay back. i was also reassured that i would be getting something from thier office detailing the arrangment. That has yet to come.


FYI
FYI

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Sub: #9 First communication usually consist of a letter being mailed outThu, 12/04/2008 - 14:50



First communication usually consist of a letter being mailed out. As long as their systems indicate a letter was mailed out then they are usually covered. Their argument will be that it isn't their fault something went wrong with the mail once they stamped it. Also they will use the argument that you threw it away as junk mail or you aren't telling the truth and they will base that off of a history of unpaid debt (even if it is only one).

I didn't understand the first portion of your question. Do you mean that they recorded the call or did you? For this you need to check your state laws about consent. Do both parties have to be informed? Or only one? Is it even legal to record conversations at all? Generally companies will either have a recording when you call in or they will inform you that the call may be monitored or recorded for training purposes.

But if you are recording the call and you live in a state that required you to notify the second party that they are being recorded and you don't or that you state doesn't even allow that then any evidence you attempt to submit will be throw out and not admissable.

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paulmergel
paulmergel


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Sub: #10 replyThu, 12/04/2008 - 13:19



it wouldn't matter.the supposed tape would have them threatening you to pay,so if you press it the tape would suddenly vanish.don't woory about this bottomfeeder.file the complaints and don't talk to this dope until you hear from your AG.

giving hope to the hopeless,help to the helpless,and hap to the hapless.


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