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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 3299
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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I had a Arbitration Company call me today about a credit card

Customer Question

I had a Arbitration Company call me today about a credit card debt from 1992. They told me that they have filed papers to have me arrested for "theft by deception" and "fraud". I do not have the paperwork yet. They said the last payment I paid was in 2003, however, I think I paid them off, but it was a long time ago. I have had no correspondence from anyone about this since 2007 or 2008. The statute of limitations in Kansas is 3 years. Can they bring these charges against me?
Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 9 months ago.

LegalGems :

Hi! LegalGems here. I'll do my best to assist you.I can only provide general information, so a follow up consult with a private lawyer is recommended.

LegalGems :

I am sorry to hear of this.

LegalGems :

It is illegal for a creditor to threaten/intimidate an alleged debtor with threats of criminal prosecution.

LegalGems :

This is a violation of the Fair Debt Collection Practices Act, and they can be sued for such violation, which has a $1,000 fine plus attorney fees and costs.

LegalGems :

If the statute of limitations has expired, they can technically bring a lawsuit, but you could respond by filing a defense based on the expiration of the statute of limitations, and ask the court to dismiss it with prejudice.

LegalGems :

Did you need a cease and desist letter?

Customer:

What if I am served papers?

LegalGems :

You would need to respond- or they will get a default judgment which is truly a hassle as you would then need to file a motion to vacate the judgment. However, if they are threatening criminal prosecution they are probably trying to bully you into paying and a C&D letter generally gets them to find another victim.

Customer:

Ok, can I get the cease and desist letter?

LegalGems :

Yes, a few moments please while I get one.

LegalGems :

. YOUR NAME .
. Your address .


. City, state, zip code .
. Phone number .




CEASE AND DESIST LETTER


 


[creditor address]


___________________________ CERTIFIED MAIL


___________________________ RETURN RECEIPT REQUESTED


___________________________


___________________________ Tracking number



 


Date:


RE: Account Number:


 


To Whom it May Concern:


With this letter I hereby request that you CEASE and DESIST any and all telephone calls. Please put any attempts to collect on the above referenced account in writing.


You are hereby instructed to cease all collection efforts immediately or face legal sanctions under the Federal Fair Debt Collections Practices Act, 15 U.S.C. Sections 1692c and 1692k.


PLEASE MARK YOUR FILES ACCORDINGLY.


Thank you in advance for your anticipated cooperation in this matter.


Sincerely,


______________________________________


[your name] Also, you should note the threats of criminal action as that is also a violation of the FDCPA.

Customer:

Thank you,

LegalGems :

You are welcome. Be sure and send it certified so if they violate it you have proof.

LegalGems, Lawyer
Satisfied Customers: 3299
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
LegalGems and 6 other Consumer Protection Law Specialists are ready to help you
Expert:  LegalGems replied 9 months ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Expert:  LegalGems replied 9 months ago.
I hope you found the information I provided useful.
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It would be appreciated if you complete the admin's survey - it's like our report card!

Thanks, and take care!
Customer: replied 9 months ago.

I did some investigating of my own. I put the 888 number in Google and found the exact number listed under "unwanted calls". There were quite a few people who had gone to this website and complained about receiving the same call as I did. It sounds like a scam. Can anything be done?

Customer: replied 9 months ago.


I have discovered there is a very good probability that this is a scam. I googled the phone 888 phone number and found the number under a "unwanted calls" website. A lot of people have gotten the same call as I did and have complained about it. Can anything be done?


 

Expert:  LegalGems replied 9 months ago.
Actually the attorney general and the FTC compile complaints such as this. If enough people complain they will actually go after the company and shut them down. I will link you to both.

https://www.ftccomplaintassistant.gov/GettingStarted?NextQID=24&Url=%23%26panel1-3

http://ag.ks.gov/about-the-office/contact-us/file-a-complaint

If they are successful and the company is solvent, they will distribute any penalties to the consumer (due to FDCPA violations)

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