Is Collection Attorneys USA LLC Harassing You Over a Debt?
Is Collection Attorneys USA LLC Harassing You Over a Debt? Do they threaten to take legal action or garnish your wages? Are they calling you at all hours or several times a day? Are they telling your family and neighbors that you owe a debt? If so, what they are doing is illegal and needs to stop. You have the legal right to stop Collection Attorneys USA LLC harassment. If a collection agency violates the FDCPA, you may be eligible to receive up to $1000.00 in statutory damages, along with covering your attorney fees.
Who is Collection Attorneys USA?
Collection Attorneys USA is a third-party debt collector located in Ohio. Contact Information:
Collection Attorneys USA LLC
PO Box 427 68 Ravenna St.
Hudson OH 44236
p:877-439-1110
Arrest Threats Under the FDCPA
**1. False Threats of Arrest
Debt collectors cannot falsely threaten you with arrest if you fail to pay a debt. This means that a debt collector cannot say that you will be arrested or that they will send law enforcement officers to your home if you do not pay what you owe. Such threats are not only false but also illegal under the FDCPA.**2. Implications of Criminal Behavior
Debt collectors cannot falsely imply that you committed a crime or will be subject to criminal prosecution due to non-payment of a debt. For instance, they cannot suggest that failing to pay a debt is a criminal offense or that they have the authority to initiate criminal proceedings against you.**3. Garnishment or Legal Action Misrepresentations
Debt collectors cannot threaten to garnish your wages, seize your property, or take other legal actions unless they actually intend to take such actions and have the legal authority to do so. Threatening arrest is often a scare tactic used by unscrupulous debt collectors to pressure consumers into making payments they may not be able to afford.Why Debt Collectors Use Arrest Threats
Debt collectors may use arrest threats for various reasons, including:- Intimidation: The primary goal of an arrest threat is to intimidate the consumer into making a payment out of fear of being arrested or jailed. Many consumers are unaware of their rights under the FDCPA and may be frightened into paying the debt, even if they cannot afford to.
- Pressure: By creating a sense of urgency and fear, debt collectors hope to pressure consumers into quickly resolving the debt, often by making immediate payments or agreeing to unfavorable terms.
- Exploitation of Vulnerable Consumers: Debt collectors may target consumers who are particularly vulnerable, such as older people or those with limited knowledge of the law, assuming that they are more likely to believe the threat and comply with the collector’s demands.
Legal Consequences for Debt Collectors
Debt collectors who make false arrest threats or otherwise violate the FDCPA can face serious legal consequences, including:- Lawsuits: Consumers have the right to sue debt collectors who violate the FDCPA. If successful, consumers may be awarded actual damages (for example, emotional distress), statutory damages of up to $1,000, and attorney’s fees.
- Regulatory Action: Regulatory bodies, such as the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC), can take enforcement action against debt collectors who engage in illegal practices. This can result in fines, penalties, and restrictions on the debt collector’s ability to operate.
- Loss of License: In some states, debt collectors are required to be licensed. Violating the FDCPA, particularly through serious infractions like making false arrest threats, can lead to the revocation or suspension of their license to collect debts in that state.
Collection Attorneys USA – What to Do If You Receive an Arrest Threat
- Stay Calm: Understand that a debt collector cannot have you arrested for failing to pay a debt. Non-payment of a consumer debt is a civil matter, not a criminal one, and debt collectors do not have the authority to issue arrest warrants or initiate criminal charges.
- Document the Threat: Write down the details of the call or conversation, including the date, time, the name of the collector, and exactly what was said. If possible, record the conversation (but check your state’s laws on recording phone calls).
- Request Written Validation of the Debt: Under the FDCPA, you have the right to request a written validation of the debt. This can help you confirm whether the debt is legitimate and ensure that the collector is operating within the law.
- Send a Cease-and-Desist Letter: If you want to stop the debt collector from contacting you, you can send a written cease and desist letter. Once the collector receives your letter, they are legally obligated to stop contacting you, except to inform you of specific legal actions they intend to take.
- File a Complaint: Report the debt collector’s behavior to the CFPB, the FTC, and your state’s attorney general’s office. These agencies can investigate the collector and take enforcement action if necessary.
- Consult an Attorney: If the threat continues or you feel that your rights have been violated, consider consulting an attorney who specializes in consumer protection or debt collection law. They can help you understand your rights, assess your situation, and take legal action if appropriate.
