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A debt collector contacts a Pittsburgh consumer by telephone and demands payment of an old credit card debt. The consumer explains to the debt collector that she would try to make monthly payments. The debt collector refuses to accept monthly payments without getting a lump sum payment first.
Again, she tries to explain to the collector that she is unable to afford a lump sum payment, but would try to get a loan from a bank or borrow the money for the initial payment. Can you believe this was still not good enough? The debt collector agreed to generously (ha ha) give the consumer time to come up with an initial lump sum on the condition that she hold a credit card number or a bank account number for the amount. The consumer did not have a credit card and didn’t have any funds in her checking account. The debt collector said “Don’t worry about it, just make up an account. I just need something to put into the system.” “The check will not be cashed.”
Unfortunately the consumer was talked into giving an old bank account number. The account number of which the consumer believed had been closed. Again, the debt collector said that the check would be held until she came up with her money, and then the check would be returned.
Throughout the next couple of weeks, the debt collector contacted the consumer to see if she was able to secure a loan or borrow the money. Unfortunately, it turns out that the consumer could not get any money to give to the debt collector. The consumer offered again to begin making small monthly payments, but again her offer was declined.
The next phone call from the debt collector was a gentleman yelling at the consumer, telling her that she gave them a bad check and if she couldn’t come up with the money in two weeks, this would be turned over to the District Attorney’s office and she would be going to jail. It appeared that the debt collector put the check through (after explaining to the consumer that they would not do that), and the check bounced. The account was open but did not contain any funds.
The debt collector kept harassing the consumer for weeks, saying “We will have an officer arrest you at your work, give you a fine, and two years in jail.” This consumer spent weeks and weeks worrying that someone was going to show up at her place of employment to arrest her. Of course, that never happened. Because, IT CAN’T HAPPEN.
According to the FDCPA, debt collectors cannot arrest you and certainly cannot show up at your place of employment. The story above is true and all names are kept out for confidentiality purposes. This story is also one of many times debt collectors use this mean and nasty tactic.
A debt collection company will con you into submitting a bad check just to then turn around and blackmail you into coming up with the money or go to jail for a bad check!!! How disgraceful!
Needless to say, this case is just about to settle, go figure.
If this has happened to you or anyone you know, please contact Jeff for a free evaluation of your rights!
Awarded: Confidential