Debt Collectors and False Threats

14 Oct Debt Collectors and False Threats

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.

Related Posts Plugin for WordPress, Blogger...
The following two tabs change content below.

Nicholas Ortiz, Boston Bankruptcy Attorney

From Attorney Ortiz: We have been helping consumers and small businesses in Massachusetts successfully navigate through the bankruptcy process since 2002. We offer free initial consultations and payment plans. Call us at 617-716-0282 to discuss your debt relief options. Mention the Bankruptcy Law Network when you call!
No Comments

Sorry, the comment form is closed at this time.