[premium1]

My question involves collection proceedings in the State of: North Carolina

A credit card compnay (clout finanical) has been calling stating that they are going to file felony credit card fraud against me for a credit card debt back in 2001...they ask me to settle for 700.00 but i dont have that at this moment i can barely make ends meet now ..what should i do? Do i need to get a lawyer? i need help bad please any advice accepted.

[gigirle]

Do you owe the money?
Why are they telling you that it's fraud?
Is it the Credit card company or a collection agency?

[Betty3]

If you last paid on the debt in 2001, the SOL on the debt should have elapsed in N.C. (not that they still can't come after you for payment) The SOL has elapsed is a defense you would use in court if sued.

However, as gigirle asked, why are they calling it fraud - where does the fraud come in?

Thanks.

[BOR]

However, as gigirle asked, why are they calling it fraud - where does the fraud come in?

Thanks.

It comes in under the heading of "coercive lie". Colection agencies stoop to any means to get thier man!!

Sometimes the mere threat of criminal charges gets a person jumpy, as they may not know the law.

Similar to when a police officer instructs an individual to do something under threat of arrest, the average person does not know if it a lawful command.

[BOR]

My question involves collection proceedings in the State of: North Carolina

A credit card compnay (clout finanical) has been calling stating that they are going to file felony credit card fraud against me for a credit card debt back in 2001...they ask me to settle for 700.00 but i dont have that at this moment i can barely make ends meet now ..what should i do? Do i need to get a lawyer? i need help bad please any advice accepted.

If you committed no fraud in securing the credit, OR have not hidden your assests to avoid paying etc., there is NO fraud involved.

Tell him you will pay what you can, if not satisfactory then they have the option to sue you, most probably in small claims court.

[Jackie2]

My question involves collection proceedings in the State of: North Carolina

A credit card compnay (clout finanical) has been calling stating that they are going to file felony credit card fraud against me for a credit card debt back in 2001...they ask me to settle for 700.00 but i dont have that at this moment i can barely make ends meet now ..what should i do? Do i need to get a lawyer? i need help bad please any advice accepted.

considering the SOL has past, they are asking for only $700.00 and are threatening with criminal charges I would say that unless they can actually prove you committed fraud (which is totally on their shoulders) you should send them a nicely worded FOAD (F---off and Die) letter.

This company has already violated the FDCA with a lawsuit they do not intend to follow through on. They made a threat of criminal charges which is illegal and a violation. You can sue them for a 1000 dollars for each violation.

Write down what they said, or if you have a letter even better. Keep evidence of the threats. Tape recording is best but I would advise you to send a cease and desist letter on telephone calls. If these guys are willing to threaten criminal charges they will threaten anything and call your place of work.

These guys sound like bottom feeders who don't have a leg to stand on. They (meaning a prosecutor) have to prove fraud in a criminal court. They can try to sue you in civil court but the moment you bring up the SOL as you defense they don't have a leg to stand on.

What they might try to do is get a default judgment against you. File a civil claim and send the summons to the wring address so you don't know you are being sued. If that happens you can get the judgment vacated.

Again, keep records of everything they do and say. You could have your own lawsuit.

[divemedic]

1 Do not promise to pay. In many states, a promise to pay resets or tolls the SOL.

2 If it is in fact beyond the SOL, send them a letter telling them to stop contacting you, and send it certified mail. Keep the return receipt. That should stop them, unless they are dumb.

In that case, find an attorney and sue them.

PS: Jackie, it is not $1000 per violation. It is a MAXIMUM of $1000 per ACTION. That means that if they violate the law 1 time, or 1,000,000 times, the most you can get under the FDCPA is $1,000. That is why so many CA's are willing to roll the dice and break the law. The vast majority of consumers won't sue, and of the ones who do, the payout is relatively low.