Can a collection agency put out a warrant for arrest?

Question

my husband got into a car accident in jan 2006. he had no insurance. i tried to get iunformation from the insurance company (farmers) on what we had to pay. and they would not provide it to me so i decided to let it go for awhile. now a collections agency is threatning to put out a warrant. i have contacted them askin for the information and they were very rude. dont know what i can do now. should i try to contact farmers again?

Answer 1

Just inform them of the following law:

CITE: 18USC894] TITLE 18--CRIMES AND CRIMINAL PROCEDURE PART I--CRIMES CHAPTER 42--EXTORTIONATE CREDIT TRANSACTIONS

Sec. 894. Collection of extensions of credit by extortionate means

(a) Whoever knowingly participates in any way, or conspires to do so, in the use of any extortionate means (1) to collect or attempt to collect any extension of credit, or (2) to punish any person for the nonrepayment thereof, shall be fined under this title or imprisoned not more than 20 years, or both. (b) In any prosecution under this section, for the purpose of showing an implicit threat as a means of collection, evidence may be introduced tending to show that one or more extensions of credit by the creditor were, to the knowledge of the person against whom the implicit threat was alleged to have been made, collected or attempted to be collected by extortionate means or that the nonrepayment thereof was punished by extortionate means. (c) In any prosecution under this section, if evidence has been introduced tending to show the existence, at the time the extension of credit in question was made, of the circumstances described in section 892(b)(1) or the circumstances described in section 892(b)(2), and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing that words or other means of communication, shown to have been employed as a means of collection, in fact carried an express or implicit threat, the court may in its discretion allow evidence to be introduced tending to show the reputation of the defendant in any community of which the person against whom the alleged threat was made was a member at the time of the collection or attempt at collection.

You can also research these web sites to see if this collection agency is listed:

http://www.budhibbs.com/drowning_in_debt...

http://www.ripoffreport.com/default.asp

Hope this answers your question

LEGAL DISCLAIMER:  The advice contained herein is for informational purposes only.  It is not to be construed as Legal Counsel nor Legal Advice.

Answer 2

no

you cannot go to jail for a debt

they are trying to scare you

tell them to pound sand... you can quote me

Answer 3

No, they can not.  They can not put you in jail for owing money, and you can legally sue them for threatening you this way.  

Check the link below regarding the Fair Debt Collection Act.

Good luck.

Answer 4

No.  They can however have you served with papers to appear in court in order to get a judgment placed against you.  You go in, answer the summons and a court date will be issued within 45 days.  At that time you get to prove that the debit isn't valid.

You can also use the time to contact the legal office and see if they will give you a settlement offer, approx 60% of what the total is.  You then get anywhere from 15 to 30 days to make the payment in full via debit card, credit card or check by phone.  It depends on how 'nice' they want to be in giving you time.

Answer 5

If they are threatening to do anything to you they are breaking the law.  Get a attorney, tape their calls (you have to look at your state laws for taping in your state) sue them.  They are laws to protect you against this.  Good to buddhibbs.com and email him or look at his website.  He can help you find an attorney.  And tell you what steps to take.  Also report them to the BBB and your state attorney general.  Do not let them get away with this.  On a positive note if they were going to sue you they probably wouldn't be threatening you, they would just issue a summons for you to appear in court.  Oh BTW, they cannot arrest your husband or put a warrant out for his arrest.  That is just ridiculous.  The worst that could happen would be they take you to court and the judge would set up a payment plan.  You might also want to send the Collection Agencies a debt verification letter asking them to verify that u actually owe THEM the debt.  Creditboards.com has some good form letters for this.  That will make them stop calling you.  Send everything certified mail and keep records of all calls and correspondences.  Good Luck

Answer 6

no they cannot. But they can get a judgment in court and garnish his wages