What are your rights against bill collector callers who do not identify themselves hang up and threaten to sue?
Collection agencies are governed by federal and state laws. Debtors are given protection under the Federal FDCPA. A collection agency cannot "threaten" you with anything. They can inform you that your account may be referred to a collection attorney and legal action may be initated. Please familarize yourself with the laws pertaining to collection agencies. Be advised, that some of the laws do not apply to the original creditor.
The Fair Debt Collection Practices Act was enacted to protect consumers against overly aggressive debt collectors. This act makes it illegal for collectors to threaten consumers, call excessively, or harass debtors. Harassment is considered calling too early in the morning, calling late at night, using profanity, or telling third parties about the debt. If a debt collector breaks these rules, the consumer may file a complaint with the FTC. If a collector has violated the…
Can a reposession company threaten you and say they will press charges against you in the state of California?
Is it legal if you use information to threaten or intimidate someone obtained from a website that their policy says it is against their rules and they will prosecute?
Why are liberals on such a winning streak even though the vast majority of Americans identify themselves as conservatives?
When you blackmail some one, you tell him/her that they have to do something unless they want a secret to be exposed. Blackmailing, like threatening is against the law. Often blackmail is more furtive. Threatening is more aggresive. By law, if you threaten to do something, it is as severe as if you do what you threaten.
No. The two are separate ideas. The 5th protects a person from testifying against themselves in court. Freedom of speech is a basic right and is not only speech but written materials and now Internet. There are boundaries to freedom of speech. An example is you can't yell fire in a theater when there is no fire or threaten people.
Can a credit card company that filed a debt as a charge-off still file a judgment against the debtor?
Yes, the creditor or more likely a collector who buys the account can file a lawsuit against the debtor. If the plaintiff (collector) wins the suit, they will be awarded a writ of judgment. A judgment can be used to garnish wages, levy bank accounts, place liens against real property or liquidate nonexempt property owned by the debtor.