Debt Collectors and False Threats
By Nicholas Ortiz, Boston Bankruptcy Attorney on Oct 14, 2007 in General Bankruptcy Information
Fair Debt Collection Practices Act (”FDCPA”), 15 U.S.C. 1692e(5) makes it unlawful for a debt collector to threaten to take an action that cannot legally be taken or that is not intended to be taken. This is probably the most commonly violated subsection of the FDCPA. A debt collector will sometimes say that they will report you to a credit reporting agency, get you thrown in jail, sue you, have the sheriff come out to see you at work, etc.
There are many common lies. However, sometimes the problem is distinguishing between what is false and true. Debt collectors will sometimes sue, but I have found that it is unlikely unless they are calling from an office in your home state. Telling you that you will go to jail or that the police will come to see you is always a lie.
In Massachusetts, if a debt collector threatens an action with no definite time for its occurrence, it is deemed false unless it happens within 14 days.
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