Is Collection Attorneys USA LLC Harassing You Over a Debt?

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 are not allowed to 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 have 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:

1. 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.
2. 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.
3. Exploitation of Vulnerable Consumers: Debt collectors may target consumers who are particularly vulnerable, such as the elderly 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:

1. 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.
2. 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.
3. 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.

What to Do If You Receive an Arrest Threat

If you receive a threat of arrest from a debt collector, it’s important to know your rights and take appropriate action:

1. 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.
2. 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).
3. 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.
4. 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 this letter, they are legally obligated to stop contacting you, except to inform you of specific legal actions they intend to take.
5. 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.
6. 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.

Conclusion

Arrest threats are a common but illegal tactic used by some debt collectors to intimidate and coerce consumers into paying debts. The FDCPA provides strong protections against such practices, and consumers who experience these threats have legal recourse to stop the harassment and hold the debt collectors accountable. Knowing your rights under the FDCPA is the first step in protecting yourself from unfair and deceptive debt collection practices.

About Us

Consumer Rights Law Firm, PLLC is a law firm that specializes in helping clients who are facing harassment from debt collectors. If you suspect that your debt collection rights are being trampled upon, contact our office to begin the process to stop the harassment you may currently be receiving from Collection Attorneys USA LLC. Our office has been assisting consumers since 2010, and we have an A+ rating with the Better Business Bureau. Call us at 877-700-5790 for immediate assistance.

Success Stories

“I would highly recommend the Consumer Rights Law Firm to anybody that has been harassed! They were very professional and straightforward about my rights”. “I had the pleasure of dealing with Consumer Rights Law Firm PLLC on 2 different occasions the staff were very courteous and helpful, and they were familiar with the Collection Agency’s in question and the harassment calls stop, I was even compensated. I would recommend this company to anyone going thru this type of harassment a very satisfied customer”. “Because of a lie from a third-party debt collector that threatened me financially I nearly made the mistake of paying the debt collector money I couldn’t afford. The people here were friendly, knowledgeable and settled my case quickly. THANK YOU SO MUCH!!” Check out the links below for more information: https://consumer.ftc.gov/articles/debt-collection-faqs Ohio Attorney General Consumer Finance