Can a debt collector pose as an investigator? Is this illegal?

Can a debt collector pose as an investigator? Is this illegal?

Postby cerdic10 » Wed Feb 23, 2011 8:44 pm

I received a phone call the other day from a debt collector. It was on a payday loan (which I am not happy about). She at first said she was an investigator and that she was going to have the sheriff arrest me if I didn't pay this back. Here I am with my two kids thinking the worst. I had to call her back and when I did the woman answered as if it was a law office. I was thinking what is an investigator doing at a law office? Then I realized she was a debt collector. She kept threatening me when I told her I could only pay it off next month. So basically I want to know if the way she was harassing me was illegal? I am not happy that I still had this debt, but I didn't think I deserved to feel like a criminal. I was also willing to pay it off.
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Can a debt collector pose as an investigator? Is this illegal?

Postby nichol65 » Wed Feb 23, 2011 8:45 pm

Under the fair debt collection act, this is illegal. Record the next phone call and send it to your congressman.
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Can a debt collector pose as an investigator? Is this illegal?

Postby tavin » Wed Feb 23, 2011 8:47 pm

Yes they can use the word investigator but now cops will not come. And if they hire a collection company your contract was with the payday loan place not the collection company.
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Can a debt collector pose as an investigator? Is this illegal?

Postby cinnard12 » Wed Feb 23, 2011 8:49 pm

Yes they can use the word investigator but now cops will not come. And if they hire a collection company your contract was with the payday loan place not the collection company.
You're being thrown off by the word investigator. Law offices routinely use investigators to track people down. This is very common. Debt collectors are also, technically, investigators. Perfectly legal, but harassment isn't.

If you wrote a check, and that check was being held until payday, and it didn't clear the bank when presented, then you wrote a bad check, and that's criminally illegal. This falls murkily outside the standard debt collections regulations.

She probably won't turn the matter over to the district attorney's office, and many prosecutors don't prosecute these type bad check cases, but pay the debt off as soon as possible, just in case.
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Can a debt collector pose as an investigator? Is this illegal?

Postby corlan33 » Wed Feb 23, 2011 8:51 pm

she is an investigator, for a law firm. she didn't say she was a police investigator did she? you assumed she was with the police. it's legal and she's not harassing you, she's trying to collect a debt.
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Can a debt collector pose as an investigator? Is this illegal?

Postby keandre24 » Wed Feb 23, 2011 8:53 pm

Well, you can fix that up right away. Send them a letter saying, "Stop harassing me."

They are then legally compelled to stop harassing you. That doesn't change the debt. You still owe the money, and they can go forward with a lawsuit to recover it. In the mean time, tell the police that you are a victim of telephone harassment if they continue and they will suffer consequences.

But threatening arrest is illegal. Depending on the state you live in, it is either coercion or extortion and is often a felony. On the other hand, you cannot prove it. It is a situation where it is your word against hers that she violated the law, and if you recorded the conversation, then you have committed a crime unless you told her of it in advance.
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Can a debt collector pose as an investigator? Is this illegal?

Postby justis88 » Wed Feb 23, 2011 8:55 pm

What exactly is a PayDay Loan? WHO did you borrow the money from? If I were you, I would contact the company you borowed from, and attempt to make arrangments to pay it back. Don't forget, they will charge you interest!! Now, if the company says they have passed this debt on to a Collection Agency, then get the phone number and addess of the Agency, that's if they will give it to you. If they refuse, just tell them you don't appreciate this agency posing as an afiliate of the FBI, and you are going to report them! It is agianst the Law to harass a person under these circumstances! There is a proper way for them to collect the money, and that is they must go to Court and have the Judge issue your bank to freeze your account! SO! If you have any money in there, I would take it out and keep it somewhere else. Especially your paychecks, if you have automatic deposits!!
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