Debt Collector Threatening Criminal Prosecution

[akb0925]

My question involves collection proceedings in the State of: Missouri

Hello,

I have a question I have a debt collector who has called me several times and left messages stating, I have typed everything word for word. Is any of this illegal? As of today there has not been anything filed against me in court:

message #1 9/14 @ 9:00am:

I serve legal documentation for attorney offices ellis(atlas?) law group ; I received documentation this morning that required your signature on a pending civil suit that has been filed against you and will be forwarded out to st louis city courts for you to be served. At this time this is a notice of official intent. Unless we receive a stop order from you or your attorney within 48hrs we will set up delivery at your place of employment for you to be served, you will need to have 2 forms of id available. You have been notified.

message #2 9/15 10:47am:

I do serve legal documentation for attorney offices ellis (atlas) law group. I received documentation this morning in my office that requires your signature on a pending civil suit that has been filed against you. this is your official notice of intent. We will be going ahead with this and will add more money onto the debt as the months go with the debt not being paid along with legal costs as well.

message #3 9/15 11:44am:

I serve legal documentation for attorney services at attorney offices at atlas law group. I received documentation in my office requiring your signature on a pending civil suit that has been filed against you from st louis city county. this is your official notice of intent. just to let you know if we do not receive a stop order with in 24 hours of this message from yourself or an attorney you will be getting served either at your place of employment or home address between the hours of 8 am – 8pm. please have a form of id available for the city county sheriff when they come to serve you the civil suit. I have to let you know by law that you have been notified that a civil suit is in effect and being processed out within 48 hours.

messge #4, 9/28, 10:30 am:

good morning my name is mrs Hampton, I’m a paralegal calling from atlas law group, investigating a criminal complaint that was filed against you in our office we have left you several messages concerning this I’ve not heard back from you. we are about to forward this case over to the st louis city county prosecutors office where they will take further action unless I hear back from you. I’m going to see if I can get in touch with a supervisor over there and maybe they can pass along the message to you. Again a criminal complaint filed against you about a couple of weeks ago.

[jk]

so, did you call the court, or research the court to determine if a suit has been filed? Did you contact the police to see if there is a warrant for your arrest?

[akb0925]

Yes I called the court and they have nothing and I do not have any warrants out for my arrest.

[Mr. Knowitall]

If you have been sued and are being served, then that's what's happening.

The "criminal complaint that was filed against you in our office" call seems quite problematic to me. A few provisions from the FDCPA (not intended to represent all provisions, or all laws, that may apply):

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

* * *
(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken....

(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.

(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.
* * *

[jk]

If there is no actual suit, (which, depending on the court, may not show up in the court files prior to being served), then they have broken the law. In fact, unless they actually intend on suing, they have broken the law.

We will be going ahead with this and will add more money onto the debt as the months go with the debt not being paid along with legal costs as well.

possibly a problem here. "adding more money onto the debt", is a bit vague. Depending on the contract surrounding the debt, they may or may not be able to add anything to the debt. Unless the contract allowed for penalties of some sort or interest, they cannot add anything to the amount of the debt. As to legal fees; unless the contract allowed for legal fees, the best they can do is ask the court to award them, if they sue you.


the problem is: what are you or can you do. If they have violated the law, you can sue them under the FDCPA.

so, any idea what the debt is? is it yours?