Legal Question in Criminal Law in Florida

Could my son be arrested? He threaten a collections representative when they kept calling our house regarding credit card debt.

We live in Florida. My son is 18 years old. My son had nothing to do with the debt owed. Collections representatives keep calling our house several times a day. My son answered the phone and told them his parents where not home and they repeatedly were harassing my son and his younger siblings.

My son after so long became upset and when they called he answered and cursed at them and said he would kill them if they called again and called them names and hung up the phone. Is it possible that he could be charge with a crime. A friend with legal background told me that my son could be charged with 365.16 Obscene or harassing telephone calls. Is this true?

This was only one occurrence. How could they charge my son with making harassing telephone calls. All my son did is answer the phone and never tried to call them back.

Could the collections representative lie and say my son called him? Also, collections representative is calling from another state.

Asked on 8/16/18, 5:34 pm

1 Answer from Attorneys

Justin Rickman Justin Rickman

It is Highly unlikely anything will come from this. The threat is idle. Your son couldn't carry out the threat if he wanted to. He has no idea of state or location of the debt collector. You must have the means of carrying out the threat and that is just not the case. Don't lose any sleep over this.

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Answered on 8/17/18, 4:29 am

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