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

Date: Wed, 12/03/2008 - 13:03

Submitted by anonymous
on Wed, 12/03/2008 - 13:03

Posts: 202330 Credits: [Donate]

Total Replies: 20


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


any collection agency that threatens that is a bottomfeeder.i wouldn't worry about it.i would check google for the address and send them a DV and C&D letter asap.send them certified mail return receipt.


lrhall41

Submitted by paulmergel on Wed, 12/03/2008 - 13:30

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also they sent me a letter and it says i have 30 days to dispute it but yet this guy lopez is giving me a deadline of 5 pm to call him back or he will send it to legal and they will issue me warrant for arrest now i am not worry about this cause i know better but is just stupid how the 30 days is not up yet to dispute and he is threaening me that this is my final chance to resolve this


lrhall41

Submitted by on Wed, 12/03/2008 - 14:16

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that's because this bottomfeeder doesn't want you to dispute or request validation.send the letters to the address on the letter they sent.


lrhall41

Submitted by paulmergel on Wed, 12/03/2008 - 14:29

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A) It is an fdcpa violation to threaten an action that cannot legally be taken. (IE they cannot threaten to arrest you).

Quote:

also they sent me a letter and it says i have 30 days to dispute it but yet this guy lopez is giving me a deadline of 5 pm to call him back or he will send it to legal and they will issue me warrant for arrest

B) That is called overshadowing, and it also violates the FDCPA, because you do have 30 days to dispute the debt. For them to make any statement which gives a false impression that you don't have 30 days, is a violation.

Do what you will, but technically they are breaking the law on at least two counts.


lrhall41

Submitted by DebtCruncher on Wed, 12/03/2008 - 19:51

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I've had my 'share' of PDL horrors. I KNOW they can't come to my house, as some of them have claimed. They really hate when you say, "let me think about it and I'll call you back."


lrhall41

Submitted by sdchargers_63 on Wed, 12/03/2008 - 20:59

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A collection agency can not arrest you, have you arrested, or even threaten to arrest you. That is illegal for them. I would suggest that you check your state laws and find out if you can record calls legally with only 1 party consent.

If you owe on a federal debt I am not so sure but even if that were so I would imagine that there would be some legal perceedings to go through.


lrhall41

Submitted by FYI on Wed, 12/03/2008 - 22:30

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what if the call in which i agreed to pay back the debt that i only had 2 hours to decide upon was recorded. I would also like to mention that i have NEVER recieved any communication from this SRS Associates prior to the phone call.


lrhall41

Submitted by reineblanche25 on Thu, 12/04/2008 - 13:09

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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.


lrhall41

Submitted by paulmergel on Thu, 12/04/2008 - 13:19

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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.


lrhall41

Submitted by FYI on Thu, 12/04/2008 - 14:50

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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.


lrhall41

Submitted by on Thu, 12/04/2008 - 17:03

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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!


lrhall41

Submitted by on Thu, 12/04/2008 - 20:59

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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.


lrhall41

Submitted by sdchargers_63 on Thu, 12/04/2008 - 21:24

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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


lrhall41

Submitted by on Tue, 01/11/2011 - 17:43

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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.


lrhall41

Submitted by Gretchen VonDerhoff on Wed, 01/12/2011 - 10:28

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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.


lrhall41

Submitted by Gretchen VonDerhoff on Wed, 01/12/2011 - 10:40

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