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FranL, Lawyer
Category: Consumer Protection Law
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GCB Investigations have been calling people looking for me.

Resolved Question:

GCB Investigations have been calling people looking for me. I called them back and they said they are about to issue a warrant for a check from 2005. they had my correct address back then and the correct bank i was using then. it was a check for $365 but they wouldn't say who it was written to, only that it bounced. i've never heard anything from the credit union people about this and its 7 years old. can they have me arrested for this? i have no idea what check they are talking about and i didn't want to give them any current information until i know what they are talking about. HELP!!

Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  FranL replied 11 months ago.

Hello Jacustomer,

We do not have debtor's prison in this country. With the exception of unpaid child support, you cannot go to jail for failure to pay a civil debt. So you can get that fear out of your mind. This caller is behaving improperly. You have a legal right to be free from harassment of this sort. Creditors can't harrass you like this because of the Fair Debt Collection Practices Act, wherein you can demand a written accounting of what debt you owe and to whom so that you can dispute it as per your rights under Federal law.

You were on the right track when you refused to provide the caller with any more information when he wouldn't provide you with enough to confirm that you owe this debt. If you don't understand where it came from and don't believe you could really owe it, you may well be right and you do not have to take their word for this if they don't give you anything more.

Here's a good, non-legalese overview of the act in a pamphlet by the Federal Trade Commission. Under the act, creditors are not allowed to harrass or threaten you and you can report them to the FTC where they can be fined severely. Follow the procedures for disputing a debt that the FTC recommends in the pamphlet. If he's collecting an actual debt, (or if he's not and the FTC can find him) he can be fined $1,000/an incident for harassing you once he's been warned. If he keeps calling, report him again.

Good luck!
FranL41124.7700138889

Customer: replied 11 months ago.

so should i call him back or disregard his call?

Expert:  FranL replied 11 months ago.

Hi,

Don't call him back. If you have an address for him, what you should do is send the collection agency a written letter disputing the debt and asking them to provide an itemized list of specifics as required by the Act so that you can prove that you owe them no money. When/If they do so, you may be able to demonstrate that you owe nothing. If they continue to bother you thereafter in any way, they can be fined under the FDCPA $1,000 for each incident of harassment.

I already gave you the pamphlet that outlines what you should do. Here's a sample letter you can adapt for your own use.

If you have no address you can wait until he calls to put them on notice to provide you with the information you are entitlted to under the law.

FranL, Lawyer
Positive Feedback: 98.2 %
Satisfied Customers: 11899
Experience: 18+ years of NYS litigation experience.
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