Can a collection's agency put a warrant out for your arrest for bad checks?
I am dealing with America's Network INC. They said that they were putting a warrant out for my arrest if I did not pay them by friday. They said that they were a law firm that the collections agency turned my file over to. They said they checked criminal record. I don't understand. I haven't gotten a call from a collections agency but I think they might be one. Is America's Network INC authorized to file a warrant for my arrest?
- Yak RiderLv 71 decade agoFavorite Answer
What they can do is contact the District Attorney's Office and file a criminal complaint against you. This could lead to a warrant.
99% chance they are BS'ing you and just trying to collect fast. If you owe them money you have the right to demand proof of the debt.
Under the Fair Debt Collection Practices Act making threats to have you arrested is ILLEGAL. Know your rights.....
What practices are off limits for debt collectors?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
* use threats of violence or harm;
* publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
* use obscene or profane language; or
* repeatedly use the phone to annoy someone.
False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
* falsely claim that they are attorneys or government representatives;
* falsely claim that you have committed a crime;
* falsely represent that they operate or work for a credit reporting company;
* misrepresent the amount you owe;
* indicate that papers they send you are legal forms if they aren’t; or
* indicate that papers they send to you aren’t legal forms if they are.
Debt collectors also are prohibited from saying that:
* you will be arrested if you don’t pay your debt;
* they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
* legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.
Debt collectors may not:
* give false credit information about you to anyone, including a credit reporting company;
* send you anything that looks like an official document from a court or government agency if it isn’t; or
* use a false company name.
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
* try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt – or your state law – allows the charge;
* deposit a post-dated check early;
* take or threaten to take your property unless it can be done legally; or
* contact you by postcard.
- 6 years ago
can a collection agency threaten you with the police, or accuse you of lying? I wrote over a thousand dollars in checks, honest mistake, I thought I had my student loan direct deposited in my bank account. I ended up getting suspended from school. yes that was stupid on my part but I had just assumed, being my nieces got theirs deposited that mine was too......so I had written some checks, some were just for cash. as soon as I found out, I went to my bank, which they had my account frozen at the time, so they didn't get any of the bounced checks, so I preceded to go to the store where I had cashed the checks and I spoke with the person that takes care of them she said they just send the checks straight to a collection agency to take care of it and gave me the number. so I called and left a message and the guy called me back, and startd accusing me of lying and having either a drug problem or a gambling problem. he was very aggressive and accused me of knowing what I was doing. this is the firs time I have ever done this big of mistake.... he threatened me with calling the cops, now im scared, I only get GA which is 200 a month and food and medical. am I going to go to jail?
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- KeithLv 61 decade ago
Usually a collection agency cannot. They can file a civil suit against you. However, the person to whom you wrote the check can turn it over to the D.A. and have you prosecuted.