I have some company telling me that I have taken out an online loan back in 2012 and have since defaulted on it and they want over
$ 1500.00 in fees, interest etc. I have never been notified of any online loans taken out in my name. Now I have someone threatening me with a discovery packet on the courthouse steps and wanting my payroll department information to garnish wages. He was very rude and harassing. All I asked for was a copy of any contract that I signed and he stated I was stalling. He also did all this harassing on the phone at my work. Is this legal and what actions can I take?
1 Answer from Attorneys
There are certain laws that apply depending on whether the person who contacted you is from a collection agency or the creditor collecting its own debt. Collection agencies are not allowed to call outside certain hours and they can't identify themselves to other people or lie about what they will do.
It's possible that you were contacted by someone trying to get information to scam you or steal your identity. Do not provide any personal information to the caller. Ask them to send proof of the debt in writing and tell them not to call you if they call on the phone again. Also, check your credit reports to make sure that there are no false reports. They can't garnish your wages without a judgment against you.
Keep detailed notes if they contact you in the future. That way, you'll have all of the information needed to sue them for creditor harassment.