Q: Can a collection agency have you arrested?
Guy on the phone says that if I don't pay, they will send the police to my house.
I can't pay. What can I do?
A:
Contact an attorney. A collection agency that threatens you with arrest if you don't make payment arrangements with them or pay a civil debt in full is in violation of the Fair Debt Collection Practices Act and possibly state consumer protection law as well. A local consumer protection attorney can assess exactly what you were told and determine whether you may have a claim for money damages.
*David Levin is the Partner in charge of UpRight Law's consumer rights litigation department. UpRight Law is a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is licensed in Illinois, Ohio and West Virginia, as well as several United States District Courts. He has 22 years of litigation experience, the last 18 of which have been focused on consumer rights litigation. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
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