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  1. #1

    Default Notified of an Arrest Warrant by a Collection Agency

    My question involves collection proceedings in the State of: Ma

    Last year, I received a from a collections agency. It was a blue form stating that they have a warrant for my arrest for failing to pay. I asked me to go to the courthouse to surrender, but I never received any summons or anything from court. I was terrified and called the agency. I agreed to pay $500 and was told they'll remove the warrant. I paid a monthly installment for a year and fell behind. I just received another letter this week from the agency stating the court has a warrant for my arrest to ensure my attendance for contempt under Mgl 224 section 18. Again, I never received anything from the court. I called the agency yesterday and was told if I pay $500, they'll recall the warrant. Is this legal? I'm a divorced mom with small children that I care for on my own. Can they really have a warrant to secure my attendance when there is no summons or upcoming court date? That would put more at risk with losing me children and job..

    Also, the letter they sent me has a docket # does this mean that I may have missed a court date? I have never been summoned.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Arrest Warrant from Collections/Debt Collector

    Also, the letter they sent me has a docket # does this mean that I may have missed a court date?
    call the court or if possible, check online to find out if that is a valid docket number and if so, what the matter concerns.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Arrest Warrant from Collections/Debt Collector

    If they're lying about the existence of a warrant, their actions are a clear violation of the Fair Debt Collection Practices Act (FDCPA).

  4. #4

    Default Re: Arrest Warrant from Collections/Debt Collector

    What I think happened is..
    The initial letter said to go to court and surrender to the constable OR call the debt collector to settle. So I called and made the initial $500 payment and I was told I am all set and they rescinded the arrest warrant. I can't find the first letter from last year but it may have had a court date, but since I called and made payment and was told I'm all set, I did not go to court, as advised by the debt collector. What I think is, the debt collector went to court and received judgement in their favor, since they told me I didn't have to show up..

    But if that were the case, wouldn't I have received a summons to appear to court and not the initial warrant. What's even more bizarre is that I received the same letter last month as the one this week. These recent letters are on debt collectors letterhead and says per Ma law the court has issued a warrant for contempt and will arrest me to secure attendance at court, but again no court date given.

    Also, when I called yesterday I was told they can stop the warrant if I pay $500 by end of this week. Which makes its seem as though there really isn't a warrant. I don't know and I'm so confused. I will definitely call the court in the morning to figure this out.

    And sorry for any typos as I am on my phone.

  5. #5
    Join Date
    Oct 2013
    Location
    WV
    Posts
    230

    Default Re: Arrest Warrant from Collections/Debt Collector

    Do you actually owe a debt?
    Have you ever actually looked up the court's phone number, spoken with a clerk and verified some type of hearing?

    It sounds like a scam to me.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Arrest Warrant from Collections/Debt Collector

    Quote Quoting Helpmewithlaw
    View Post
    What I think happened is...
    It's very possible that you are dealing with an unethical debt collector that implied that you would be arrested if you did not make a payment, even though they knew that they had no grounds to actually have you arrested.

    Let us know what you learn from the court.

  7. #7

    Default Re: Arrest Warrant from Collections/Debt Collector

    Quote Quoting Mr. Knowitall
    View Post
    It's very possible that you are dealing with an unethical debt collector that implied that you would be arrested if you did not make a payment, even though they knew that they had no grounds to actually have you arrested.

    Let us know what you learn from the court.
    I spoke to the court this afternoon and was told I missed a supplementary hearing, but I was never served. I received the inital letter saying I can surrender at court but I didn't have a date and I was never served. I read online that this is common practice for this collector. They either tell people court is cancelled or don't serve them properly and then go to court for a default judgement.

    So apparently this 'warrant' is real, but I was never served. I'm going to speak to an attorney and see what my options are because I can't afford to pay it.

    - - - Updated - - -

    Yes, I do owe a debt. See my response to the other poster. It gives more info.

  8. #8
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: Arrest Warrant from Collections/Debt Collector

    Collection agencies will do and say anything to get someone to.clear a debt. Did you look up the court number you called today or did you just call the number on the letter? If you called the number on the letter, look up the court number and see if they are the same.

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