Legal Question in Credit and Debt Law in Alabama

Credit Card collection threatening with fraud

In 2001 my credit card (cc) was charged off ($4k). Recently I got a message on my voicemail by a guy telling me he is representing me on behalf of Mobile County (I live in Mobile AL) and I need to call him ASAP. I called and he tells me I had been in a civil suit ($8300) and lost in Nov. 2003 in Mobile County. However, I was living in Atlanta GA until Jan 2004. I told him I never knew I was being sued. He said civil suits dont require my knowledge of them. He tells me his firm (in NY) was hired that before it goes to criminal charge of fraud, he would mediate between the cc company & Mobile County. He told me if we dont get this settled I am going to be charged with fraud. Then he explained that judgements may be placed upon me, probation, etc. He told me it is fraud because I had no intent to pay. He said we can settle now for 40% of the $8300. He said if I need a couple of months it would be 60%. He told me he was an attorney. Later I called back and someone else on the phone said it was a lawfirm. When I asked how are they differ from collection agency I was told that we can take things to court. Am I really about to be charged with fraud? Did I really already lose a civil case without ever knowing about it?


Asked on 3/10/04, 4:53 pm

1 Answer from Attorneys
Robert Kreitlein Robert Kreitlein, Attorney at Law

Re: Credit Card collection threatening with fraud

Well, I can't be sure without knowing more but if it really was an attorney telling you all that stuff, that person is full of it. A civil suit DOES require your knowledge of it. In fact, the civil court system requires that there be proof that you were personally served a summons and complaint. And a fraud charge on a credit account would be extremely difficult to maintain. This person sounds like a fraud. It may be some sort of attempt to scam you. Contact me via email or phone and I will contact this so-called firm in NY on your behalf to try to get to the bottom of this. If this really is a collection company or law firm, they are breaking the law.

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Answered on 3/10/04, 10:11 pm


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