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A creditor is threatening me with what I believe are false claims. Even if they're true, they are not legal, so what can he do?

New York, NY |

It's for less than $ 650 , and he claims he has my soc . sec # , which he couldn't have obtained legally . He says he can put a lien on my bank account and take my assets . I don't believe it , but I don't know what kind of underhanded things recovery guys can do . But he won't show proof of a judgment against me , and I know that this judgment he claims he has does not exist . Are these empty threats ? How mush damage can be done with a SS # and possibly an illegal or no judgment ? He doesn't have my current address & doesn't know what state I'm in yet , but says he will find me . Is this possible ?

Attorney Answers 2

  1. If there is a judgment, the creditor may do everything "threatened" and then some. It's certainly possible to find anyone and their SS# as well as many of their assets. If there is no judgment, then it is likely they are in fact threatening you to scare you into paying.

    I do NOT know you. I am NOT your lawyer. This answer is provided for the general public who may have similar queries. The answer provided is NOT definitive. I do NOT know all of the facts of your case and NO attorney-client relationship is established. Please do not use my answer to tell your lawyer what to do. Free advise is worth exactly what you are paying. Trust the lawyer who is charging you for his/her time and expertise. If you can no longer trust your lawyer, then hire someone else. I am always interested in new clients and business opportunities and would welcome your call or email to discuss matters further. For more information, please feel free to visit my website or schedule an appointment.

  2. Many debt collectors use fear to try and collect money. Why? Because it works--people who are scared will often pay just to get rid of the nasty person on the telephone. It looks like you may have one of these types of collectors. If a debt collector has a valid judgment against you it may legally freeze your bank account, garnish non-exempt wages and levy on your real estate. If the debt collector does not have a judgment, none of these threats can be carried out until it obtains a judgment.

    How do you find out if you have a valid judgment? Go to your local court clerk's office and see if one was filed against you. If nothing comes up, also pull your credit reports (all three) at the following website:

    See if your credit reports list a judgment. If nothing comes up from these sources it is likely that you do not have a judgment and this debt collector may be violating the Fair Debt Collection Practices Act and you will want to contact an attorney experienced in handling these lawsuits.

    Good luck,

    No attorney client relationship has been created by this answer.

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