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Can a collection company file a complaint against your social

 
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  • Answered by:Ely
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Customer Question

Can a collection company file a complaint against your social security number?

 

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Country relating to Question: United States
State (if USA): Nevada

Already Tried:
A collection company called this morning with a threatening tone saying that there were criminal complaints against me/my social security number for three charges including bank Fraud.

Submitted: 281 days and 10 hours ago.
Category: Legal
Value: $28
Status: CLOSED

Accepted Answer

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Expert:  Ely replied 281 days and 10 hours ago.

Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.

Absolutely not! Not only is this a complete falsity, claiming to do so is also illegal!

Under the FTCPA, threatening arrest is illegal, as well as claiming legal action that is either not permitted. 15 U.S.C. § 1692e.

See here for a full list of things that they cannot do:

http://en.wikipedia.org/wiki/Fair_Debt_Collection_Practices_Act#Prohibited_conduct

In fact, this is a civil debt - they cannot file a criminal action due to it.

Every time they make such a claim, that is a $1,000 violation! If they have made such a claim, then you need to contact an attorney for consumer rights:

http://www.nvbar.org/content/lawyer-referral-information-service

...most attorneys will work on contingency in such cases, meaning that they do not get paid unless you do.

I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Otherwise, reply to chat more until we are finished and you are ready to rate. I work very hard to formulate an informative answer for you; please reciprocate my good faith. (You may always ask follow ups free after rating.)

Expert TypeCounselor at Law
Category: Legal
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Answered: 7/5/2012

Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

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