Legal Question in Credit and Debt Law in Texas

if someone calls u and tells u that there is a warrant out for u because they say u owe on an old bill and then they set up a payment arrangement and they tell u to call them on each day the payment is to be paid and they said to have cash when u call,is this a legal way to collect or is this a scam


Asked on 1/10/14, 4:26 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

This is illegal, and it is a scam.

STOP TALKING TO THESE PEOPLE. Don't talk to them on the phone, ever. Don't respond to their letters.

They won't sue you.

What they have done (threatening you with prosecution for not paying a debt) violates the fair debt collection practices act (the State version AND the federal version). It is actionable. There are lawyers who make a living suing for this kind of stuff.

IF you ever talk to them again (and I hope you don't), tell the caller that you are recording the conversation, and that you don't need his permission to do so (you don't). Ask the caller his name, location, phone number, and the name and location of the company he fronts for. If he won't give you this information, hang up.

And if you can invest in a telephone recorder, do so; I suggest a trip to Radio Shack. After you record the call, remember to make some kind of notation of the DATE and TIME that you made the recording.

And don't bother paying this debt until you can afford to. Feel free to tell this to the next person who calls you: "I can't pay this debt right now. I'll pay it when I can."

Don't let these scumbags scare you or bully you. Pay your rent, buy your groceries, take care of your family, and AFTER all that, send them money, if you have any left over.

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Answered on 1/11/14, 8:05 am


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