can i get out of this?
Date: Thu, 01/17/2008 - 22:58
First off, your brother can't be arrested for a debt. Any debt.
First off, your brother can't be arrested for a debt. Any debt. Debts are a civil matter, not a criminal matter. There are three things he oughtta do here.
1 - Send the collectors a partial cease-and-desist letter, telling them to limit contact to written material only. In the letter, explain the situation and that this was reported to the police and the card company at the time.
2 - Contact the card issuer and ask them what gives. If he reported the card as lost/stolen in a timely manner, he should only be liable for the first fifty bucks, if that. Hopefully, he's still got the documentation available as to when he reported it, who he talked to, and like that.
3 - Get down the name of the collection agency, the details of the alleged debt, etc., then call the police and fill out a fraud report. Get them involved immediately, rather than waiting.
Good luck to your brother. Let us know how it goes.
On that CnD letter, send it certified mail, return reciept reque
On that CnD letter, send it certified mail, return reciept requested. Put the certified number in the letter itself. Then keep a copy of the letter to prove what you sent them, and keep the little green signature card to prove that they got it.
If they continue to call after they get the letter, they're storing up problems for themselves. Document all contacts fully, either in a log or by taping the calls [if that's legal in your state]. Your brother can sue them under the fdcpa [a federal law] and recover damages if they continue with harrassing calls.