I am receiving threatning phone calls from people regarding pay day loans, with the threat of being arrested and having a felony

Asked about 2 years ago - Minneapolis, MN

I just received another threatning phone call from a Joe Johnson from a company called Westfield, stating I was suppose to call him back to settle a $941.17 outstanding pay day loan. He said it is now out of his hands and it will be turned over to the authorities and they will be serving me and taking me to jail and I will have face my day in court. I asked him a couple of questions like who is the payday loan with, he became a aggitated, I asked him for his physical address and he said it would be on the summons. Then he said Good Luck and hung up on me.

Attorney answers (3)

  1. Max Allen Keller

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Ms. Cross is correct: this is not a criminal law question, it is a civil law area: there is something called the FDCPA (the federal Fair Debt Collection Paractices Act); some attorneys specialize in suing creditors (people to whom you owe money) when they call you up and make abusive threats (which are false anyway) such as you described. Incidentally, you can NOT be charged with a Felony, or any crime, for failure to pay a debt, you can only be sued and get a judgment against you (which can lead to wage garnishment, etc.) ***One attorney who specialized in FDCPA suits in Minnesota is Sam Glover, so you can google his name.

    www.KellerLawOffices.com
  2. Matthew Sylvan Greenstein

    Contributor Level 5

    Answered . Threatening a consumer debtor with jail or a lawsuit in an effort to collect the debt is a violation of the Fair Debt Collections Practices Act (FDCPA). I recommend contacting a consumer rights attorney who specializes in this area of law. In most instances, you will not have to pay the attorney for representation as they will be able to collect their fees from the collector who violated the act.

  3. Sherry Chalor Cross

    Contributor Level 11

    1

    Lawyer agrees

    Answered . You should talk to a civil attorney to discuss the phone calls in depth.
    It is illegal for debt collection companies to threaten you when attempting to collect money.
    They maybe doing other things that are illegal as well, if so you maybe able to sue them.

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