Is it legal for a creditor to threaten you with jail?

Asked about 2 years ago - Newport, KY

A creditor that I've never spoken to before called and left a voicemail stating that there was going to be a warrant for my arrest and that I was going to jail.

Attorney answers (2)

  1. Marc Gregory Wagman

    Contributor Level 17

    Answered . Likely no it is a violation of the FDCPA lawyer. It is only if you don't show up to court for a citation to discover assets. Speak to a consumer lawyer and bring a copy of the voicemail to the consult or speak with them over the phone. You likely can sue them for the violation and get the attorney fees paid by the creditor.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  2. Eric Jerome Gold

    Pro

    Contributor Level 19

    Answered . My colleague is correct, you should immediately consult a local FDCPA attorney. It is improper behavior for a collector to threaten a debtor with jail for an unpaid debt. We do not have debtor's prisons in the US. The voicemail and any other information surrounding the debt at issue should be reviewed to see if you have a remedy available.

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am... more

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