| Collection agency threats are about as common | | | | press fraud charges against you. If there was the |
| as oxygen being in the air. To begin, they legally | | | | possibility of fraud, wouldn't it make sense that |
| cannot "threaten" to do anything that is illegal, and | | | | the original creditor or financial institution that your |
| they cannot "threaten" to take an action that | | | | alleged account was with would do that? They |
| they do not intend to actually take. | | | | didn't, and instead choose to sell your claim to the |
| The biggest threat that I hear about is wage | | | | collection agency. Such a threat in PA is illegal. |
| garnishment. To start, let's be absolutely clear on | | | | Any other type of threat that sounds outlandish |
| this, wage garnishment cannot happen in | | | | or "just not right" is likely illegal in PA. The illegal |
| Pennsylvania except under very limited | | | | threats are pretty easy to see. On the flip side, |
| circumstances. Generally, I can say that a | | | | there are some "threats" that are legal in PA. The |
| collection agency lawsuit will not meet with those | | | | threat to sue is one. The collection agency |
| very limited circumstances. In that regard, any | | | | absolutely has the right to file a lawsuit against |
| threat to garnish wages in PA by a collection | | | | you if you fail to pay an alleged debt. Whether |
| agency is illegal because they simply cannot | | | | they can actually prove the case in court is |
| garnish wages here in Pennsylvania. | | | | another issue that has been answered in detail in |
| Another big threat that I hear is that they're | | | | many of my other articles. |
| going to take your house. Really? I don't think so. | | | | The Fair Debt Collection Practices Act (FDCPA) is |
| For the most part, the collection agency case is | | | | a federal law that protects consumers from |
| for a few thousand dollars. I'd say that the | | | | unfair "threats" and practices by collection |
| average case that my office handles is over an | | | | agencies. It is a fairly strong law that makes it |
| alleged debt of $6000. Does it remotely make | | | | illegal for the debt collector to engage in abusive |
| sense that they could take your house for a debt | | | | practices. Making some of the above described |
| of $6000? Of course not. That type of threat is | | | | threats is a violation of this law, and may give |
| generally illegal in PA. (As a side note, if the | | | | you the ability to sue the collection agency for its |
| collection agency does win in court, they may be | | | | conduct. |
| able to place a lien on your home. This is much | | | | In a nutshell, if you hear a threat that just doesn't |
| different than taking it). | | | | sound legal, it probably isn't. Make a note of who |
| We're going to press fraud charges or put you in | | | | made the threat, what agency they were with, |
| jail if you don't pay this debt! Another illegal threat. | | | | what the date was, time of day and then contact |
| First of all, there is no court in the land that is | | | | a consumer attorney with that information. You |
| going to put you in jail for failing to pay a credit | | | | may just have a lawsuit against the collection |
| card or collection agency debt. Second, they can't | | | | agency. |