Hello Jacustomer,If the police and the prosecutor thought that you were a legitimate threat to society, they would have kept you in jail, brought you before the judge and arraigned you on these charges. While I cannot guarantee it because the state does have the year to go forward should it wish to, I don't think they plan on prosecuting you for this action.Generally, when the police don't make an immediate arrest it's to do more investigation to make sure of their evidence. Here, however, there's no need of further investigation. You confessed to the police that you committed the act and wrote a letter to that effect as well. Also they already had you in hand. Why let you go in the first place when they had a signed confession?Just avoid doing anything further that puts you on your police's radar screen. That is, stay out of trouble and I think you'll be fine. Incidentally, collections agencies can be very tough to deal with and they like to harass people, which makes it sometimes hard to keep your cool. But they are not allowed to be over aggressive, to harass you for payment, or to threaten legal action or arrest. There are all sorts of consumer laws that protect you from an obnoxious debt collector. So if there's a next time, with this agency or any other, just get the name of the company and tell them that you are going to be contacting the Federal Trade Commission because they are in violation of the Fair Debt Collection Practices Act. And then report them as you promised to FTC.gov. They can be fined $1,000for every improper collection attempt.Good luck to you.
Thank you for taking the time to answer my question. That first part sounds pleasing to the mind, but the last part about contacting the collection agency or letting them know I could contact the ftc is poor advice. The police officer who was on duty that released me gave me heads up and said "Under no circumstances are u to have any contact with the collection agency". I said not even if I decide to pay them. He said "no they could turn it around on u and say u were making more threats". I liked most of your answer, I will have to rate accordingly, however. Sorry.
Hello Christopher,I think you misunderstood what my intentions were. I did NOT recommend calling the collection agency and making additional threats. I was making sure you knew what rights you had in the event you are harrassed by this agency again or any other. You can look at the Fair Debt Collections Practices Act and see exactly what I mean. Collection agencies are not entitled to harass or threaten you or try to bully you into making a payment. Here is a wonderful overview of the act put out by the FTC of how to correctly deal with overaggressive collection agencies. (see link) Here, for that matter is a link to the entire act. You have far more legal rights here than any collection agency does. (see link)Your police officer may know his criminal law, but he clearly knows no consumer law. No, you can't reach out to these people to bother them further. But yes, absolutely, IF it was they who hounded you in an impermissable manner in the first place, and that's what caused you to lose your temper and threaten them, you are entitled to call the FTC and report their behavior. You do not have to say anything further to the company to do that, it is your right as a consumer to do it, and you cannot be arrested for exercising that right. Note that I said IF. If the agency's behavior was in keeping with the law, you certainly don't want to file a frivolous report.I also assume that the officer isn't suggesting that you don't pay them if you indeed do owe this debt. That would be unwise and could get you sued. Just don't enclose a letter with the check. I stand by both parts of my answer. Please consider re-rating me now that I have explained what I meant.Have a good weekend.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).