Can collection attorneys get a sheriff to take you to jail because they called you and said if you don't pay right now a sheriff is taking you to jail?

Answer 1

No, a person cannot be sent to jail for creditor debt.(This does not apply to court ordered child or spousal support). Furthermore any collector who claims such an action is possible is in violation of the FDCPA and should be reported to the state attorney general office. This sounds more like a collection agency rather than a collection law firm, every attorney knows that threatening a debtor in such a manner is unethical, illegal and could result in being censured for misconduct. If the collector persists in such accusations, they should be informed in no uncertain terms that the consumer is aware of his or her legal rights and is prepared to file a complaint for their violation of the FDCPA. Please be advised that there is one exception to the possibility of being incarcerated when it comes to creditor debt, that would be if the debt was incurred fraudlently meaning the debtor used "sufficient evil intent" to obtain monies or goods without the intention of rendering payment. Please feel free to contact me if you so choose,(macky83@juno.com) A collection agency cannot have you arrested and making such a threat is illegal. Check out the Fair Debt Collection Practices Act online or at your local courthouse for a list of restrictions. Debt Collectors are bound by certain calling hours and days, things they may or may not say and how they represent themselves. Educate yourself and fight back. Collection agencies can be fined for each and every infraction.