harassment Tag

01 Sep Debt Collector Threaten To Report You For Theft? Guess What?! That Just Might Be Criminal

Facts:   Creditor states "if you don't make an electronic payment over the phone right now, I will report you to the Sheriff for Theft of my goods."   Debtor:  "No, no, I will pay you; here's my bank information." Hmmmmmmm.....who should really be worried at this point?  Do you really even owe the debt?   Jay Fleischman, a New York bankruptcy attorney, recently wrote about West Virginia warning against debt collectors calling apparently random folks threatening unbelievable consequences if a debt is not  paid immediately. So, let's look at the rule and see if the facts fit the crime:
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28 Jul Is All Debt Collection Governed By The FDCPA?

In order for a debt to be governed by the Fair Debt Collection Practices Act, there are some requirements:
  • The debt must be a consumer debt: The debt must have been incurred for personal, household, or family reasons;
  • A debt collector must be involved: A debt collector (not the original creditor) collects for another;
  • The debtor must be a consumer: Any actual person
  • There must be a violation: A violation is anything that is untrue, unfair, disrespectful, or undignified done by the debt collector to the consumer.
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