I set up payment thru Care one for my Bank of America card, which is a lawyer that gets paid first, and them my credit card. So when the Creditor Exchange guy called, he threatened me with court proceedings,(there are none) and now is calling my father in law (different phone number) also harrassing him. I told him what Care one said to say about to contact them for info on this account, but he will not listen and says he can no deal with them. Please tell me how to get him to quit calling and harrassing me at work and callling my realatives. Thanks

First of all NO one can collect on a debt until they prove to you, in writing (Original copy) that you owe the debt. You need to have them send you proof, othewwise quit talking to them. Secondly, if they are calling neighbors and such you can sue them for harassment! If they claim you owe yet are not willing to take some type of payment arrangement let them take you to court! My mother did this with a $10,000 credit card bill and the Judge threw it out becasue they could not provide original paperwork! Neeldess to say, they have left her alone ever since and the Judge said she missed her calling.

If they calim they are an Attorney you need to get their name and state they are registered with and if you can't find them with the local bar assoication you can sue them for falsificaiton. They CAN'T claim to be an Attorney and are not one, it is ilegal.

can third party creditors put a default judgment against you?

Not without going to court and you not showing up (to my knowledge)only way to get a default judgement is not showing up on your court date.

If they calim they are an Attorney you need to get their name and state they are registered with and if you can't find them with the local bar assoication you can sue them for falsificaiton. They CAN'T claim to be an Attorney and are not one, it is ilegal.

This is a good point so if you can get a recording of them threatening you as if they are a lawyer and you can prove otherwise that may make your case.

Cajun is correct. These guys are into scare tactics without any regard for telling the truth. Send in a letter requesting detail of the alleged charges.

from1995 i have no proof but i paid the creditors myself and the judgements still there can i do about it now to clear it up

i recieved a call from credit exchange they asked me what my case number was i told them and then they asked when i received the call and i told them this morning. i gave them my case number and they said are you in Minnesota and i said yes and they said your account is on hold disregard the call and i asked what it was for and he said i can't tell...what do i do now

I did have a surgery , this is more than a year, i was on deshability for all those times.But i was able to pay little bills and rent.i couldn't afford to make some payments on couple credit cards with high balances. Now iam out of deshability without jobs,and the creditors exchange called me and said they will report me to the county and i will face some big consequences and i will be arrested.Because they said i have been paying my rent and others bills. What should i do ? What is really their option if i can afford to pay those credit cards bill ?

Sue them for FDCPA violations, for telling you that you will be arrested, you can't be arrested for a debt!

If you tell them they do not have your promission to record your conversation
it is an illegal conversation.I seen 20/20 a few months ago how these collection agencies
work.Your credit card company clear the books so they gave to the to try to collect.They are rude terrible. Like I said it is a illegal and you can sew them

Sue them for FDCPA violations, for telling you that you will be arrested, you can't be arrested for a debt!


FALSE... THEY CAN REQUEST A BENCH WARRENT AND THE JUDGE CAN ISSUE IT BUT THEY HAVE TO PROUVE THAT THEY HAVE EXHAUSTED EVRY OPTION.


But yes you can sue for harrasment. By the fdc laws they CANNOT threaten you with legal actions. They can only inform you of what there next course of action will be. If they have no intention of doing such than it becomes harrasment. The best thing i can sudgest is get a digital recorder and start recording the conversations for proof for if they file on you or you sue them. I dont know if you have to inform them that you are recording but i would just in case if you do sue.

IMO that is true if the defendant fails to appear before the court even after being served with the summon by the sheriff, personally. If the bench warrant is issued the sheriff can then arrest the debtor to produce him before the court. However, it is not issued because the debtor has failed to pay the debt but because not appearing before the court even after receiving the summon is considered as contempt of court.

Correct
But we all know thats not always the way it goes
Personal expiriance
I was never served. Had no prior knowledge of medical debt. (thought workmans comp paid the bill. it was related to inital injury.) I get pulled over for speeding (my fault obviously lol ) He informs me I have a warrent. Off to jail i go sat in another countys jail for a week (no idea yet what the warrent was for) waiting for shawnee county to come get me on the last day they have to hold me the sherrifs finally come. I get to shawnee county jail just to be informed that it was medical debt sign my name and go home. Now tell me that isnt some BS

If they are caling from a 1 party state, they do not need your permission

I challenge you to get that one past a court of law.

Only with a very big needle.

...

While it is *possible* to get arrested in relation to a debt, as I have stated before, it is *extremely* rare and usually involves an open Contempt of Court. Usually it is only used for people that OWE the debt, have the money, but flat-out *refuse* to pay it and actively shuffle their money around to hide it from the law - not to mention, when I have seen the rare instances it involved a *lot*of money - like millions of dollars.

So methinks there is more to your story than you are telling.

It certainly is.

__________________
FRAUD: RECOGNIZE IT. REPORT IT. STOP IT.
Rip-off companies - FTC.
Phone harassment by Debt Collectors - FCC.
Banking issues, like ACH problems - OCC.