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JB Umphrey
JB Umphrey, Attorney
Category: Legal
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I have received many phone calls from individuals claiming

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I have received many phone calls from individuals claiming to be calling from a Law firm. they stated that I owe money on pay day loans, and if I didn't make payment arrangements, they would send a warrant out for my arrest on grounds of check fraud. They have called other members of my family and stated the same thing. It sounds like a scam, but they know my social security number, name, etc... They are very threatening, using phrases as " if I don't hear back from you in 24 hours, expect the worst", and "you have been notified, Good luck", and "we willl send someone to arrest you at your place of employment". I am not sure what to do. They call me several times a day. I don't dare to give out any financial information over the phone, and they will only accept debit cards. I just dont know what to do.
Submitted: 4 years ago.
Category: Legal
Expert:  JB Umphrey replied 4 years ago.
Hi and thank you for using JustAnswer!

I am sorry to learn of your experience. Please clarify: do you have an unpaid pay day loan?
Customer: replied 4 years ago.

Yes, I believe I do.

Expert:  JB Umphrey replied 4 years ago.
Thank you. Have they mailed you anything to "validate" the debt?
Customer: replied 4 years ago.
No they have not. The indivuals claiming to be from a law firm state that this has already been mailed. I have not received anything.
Expert:  JB Umphrey replied 4 years ago.
Thank you. Do you have the name of the actual law firm?
Customer: replied 4 years ago.
One law firm is Rossi & Lombardi. I spoke to Mr. Benny Davis. Phone number XXX-XXX-XXXX or XXX-XXX-XXXX. Another Law firm called me a few days later, supposedly different payday loans, Lewis & Mccarthy phone number XXX-XXX-XXXX or XXX-XXX-XXXX. I tried to look them up on line, but could not find anything.
Expert:  JB Umphrey replied 4 years ago.
What you've described is an absolute scam. The tactics used on the phone is a clear violation of the Fair Debt Collection Practices Act and legitimate law firms know that.

Do not give these callers any personal information or make any payments with them on the phone.

The next time they call, tell them that they are in violation of the Fair Debt Collection Practices Act, tell them to stop calling you and, if they don't you will file telephone harassment charges with the police, tell them to snail mail you a validation of the debt, and warn them that the next time they call you, you will sound an air horn into the receiver.

Then live up to your promises.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

If you have a follow-up question, please reply and ask it.

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Customer: replied 4 years ago.
I gave one law firm a pre-paid debit card number to stop the calls. They are supposed to run the payment through tomorrow for $100.00. If I don't load the prepaid debit card card, then the funds won't be there, and they will call me again and start harassing me several times a day. What should I do?
Expert:  JB Umphrey replied 4 years ago.
Tell them to send you written validation of the deb, tell them to stop calling you and warn them that if they continue to telephone you, you will sound an air horn into the receiver. And then do it.

If they threaten you with arrest, etc., inform them that they are in violation of the Fair Debt Collection Practices Act and if the telephone calls don't stop you will file a police report of telephone harassment.
JB Umphrey and 9 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
But, can I be arrested? or Can they put out a warrant for my arrest?
Expert:  JB Umphrey replied 4 years ago.
Technically, it is a crime to not pay on a check. However, if they want to pursue criminal charges, they should just do it.

You may find this link to be informative: http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm

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