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Collection Agency Claims They Have a Warrant...?
I just got a phone call/message on my cell phone and my voice mail at work from a company called Delanor Kemper & Associates. They claim that a creditor that I dealt with almost 2 years ago is about to issue a warrant for me for check fraud (?????? never committed the crime in my life), by tomorrow. She claimed that she was the "lead investigator" for this firm. When I told her that I couldn't pay tomorrow, she started to negotiate, telling me that I could split the sum in two monthly payments, or for a smaller sum, they can split this up between two weeks.
She wants to make this better for me, so I don't get a warrant and face criminal charges, she says.
Has anyone dealt with this agency before? Their mailing information is below.
Delanor Kemper & Associates
142 mitchell St SW
Atlanta, GA 30308
Collectors CANNOT threaten you. Period. It's a violation of the law. File a complaint with the FTC. Here is some information on what they cannot do. A great web site full of info.
What types of debt collection practices are prohibited?
Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, debt collectors may not:
- use threats of violence or harm;
- publish a list of consumers who refuse to pay their debts (except to a credit bureau);
- use obscene or profane language; or repeatedly use the telephone to annoy someone.
Debt collectors may not use any false or misleading statements when collecting a debt. For example, debt collectors may not:
- falsely imply that they are attorneys or government representatives;
- falsely imply that you have committed a crime;
- falsely represent that they operate or work for a credit bureau;
- misrepresent the amount of your debt;
- indicate that papers being sent to you are legal forms when they are not; or
- indicate that papers being sent to you are not legal forms when they are.
Debt collectors also may not state that:
- you will be arrested if you do not pay your debt;
- they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so; or
- actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action.
Debt collectors may not:
- give false credit information about you to anyone, including a credit bureau;
- send you anything that looks like an official document from a court or government agency when it is not; or
- use a false name.
Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:
- collect any amount greater than your debt, unless your state law permits such a charge;
- deposit a post-dated check prematurely;
- use deception to make you accept collect calls or pay for telegrams;
- take or threaten to take your property unless this can be done legally; or
- contact you by postcard.
Source(s):5 years ago
I used to work for a collection agency and the collectors were absolutely not allowed to even give the company name they were calling to anyone but the debtor and sure as heck not on any answering machine/voicemail and the phone numbers were private. I can't image this could be legit if they gave you that much info on your voicemail.by Erin Z - 5 years ago
First calm down then STAY OFF OF THE PHONE, read that again do not talk to anyone or you may just start your date for COLLECTIONS all over.
Now did you wirte a bad check? If not they can not arrest you for just not paying a bill or something.
STAY OFF THE PHONE, if you answer tell them to send it in writing and hang up period. NO predated checks, NO access to your bank account, and no paying anything from your personal account.
Did I mention STAY OFF THE PHONE IT IS YOUR ENEMY HERE.
Not with this company but collectors often use "strong arm" tactics.
They will often embellish the facts in order to get you to cooperate.
Keep in mind, only a court can issue a warrant and only a judge can sign that. A collection agency can get a judgment and writing a bad check can actually result in an arrest. If it was a really small amount probably would never happen but a company that gets a lot of bad checks won't be afraid to sue or have you charged.
Find out who you owe the money to and be sure, otherwise tell them to send you a copy of the check or contract.
Source(s)by Andy R - 5 years ago
Source(s)by ♥♥Μοοgle♥♥ - 5 years ago
warrants are issued by the police departments in your county. this may be a scam if you did not write a bad check. tell them ti Supply proof of the bad checkby golferwhoworks - 5 years ago
Check fraud means that you stole or wrote checks that were not yours. Writing a bad check for services or products is also crime. A collection agency is not the police. The person who received a bad check can report you to the police, the police will probably call you and check out the circumstances of the payment. Doubtfull the collection agency is doing anything more than threatening you. Perhaps you might want to ask the collection agency for proof of debt, to be mailed to you, The police would have asked the same thing....by gregoryaritter - 5 years ago
The threat you received from the collections company is illegal. They are required to follow the standards set by the FDCPA. From what you've described, they haven't even got met section 809(b) (i.e. verification of debt or provided you a copy of the judgement).
You need not worry about a warrant for your arrest. Read the Fair Debt Collections Practice Act and know your rights: www.ftc.gov/bcp/edu/pubs/consumer/c...
Note: Collection agencies are very good at scaring people to pay, even when you don't owe a thing. I had to report a collections company to the Attorney General's office because of a false claim - and they quickly fixed the problem with that company.
It is most likely a scam. Since you have already talked to her, they may have some leverage, but I don't think so.
Request, in writing, (mail it Certified, signature required) a copy of the bad check, the name of the creditor, and copies of any correspondence from the original creditor to you with regard to the check in question. You are entitled to the information by the US Government's Fair Credit Reporting Act.
Source(s)by mama_sayed - 5 years ago
it a summons basically, its called a warrant basically they just want you to deal with it in court. I really doubt that they have one. don't listen to these people about filing a complaint because they threaten you its not going to do anything,they might be lying to try to scare you into paying up. you can call the police to see if you have a warrant. Always remember the company will say anything so don't believe half the bull they are saying. first of all you should know if you owe some money...did you write some bad check in someone Else's name because that what fraud means. its not like writing bad checks in your name. or did you change accounts and maybe wrote a check accidental on the old account. the lady is probably not the lead investigator she probably gets paid like 9 bucks an hour. i wouldnt even talk to them just listen to the messages you get.
Source(s)by hello - 5 years ago
The previous answers gave some decent advice. You might want to check out the link below as it has a pretty good discussion on bad checks in GA
Source(s)by crazyjester9 - 5 years ago
Well first of all, you can stop them from doing anything else by informing them you want written validation of the debt. Do not talk on the phone, do not make any statements regarding this debt until it has been valdiated. Send them a request for written validation via certified mail/return receipt, this puts a halt to any legal proceedings for the time being.
Next check you states Statute of Limitations on the legal time frame to bring prosecution for issuing a fraudulant check. It if is too late to seek legal action, then tell em to go pound sand. Especialy if they can not validate the disputed debt.
They also violated the FCDPA by leaving a message on any type of answering machine. They can only state who they are, who they are trying to contact They can not even mention that they are trying to collect on a debt! THAT IS ALL!! If they leave any other information they have violated the law.
If you make any affirmation to this debt by making payment arrangements, paying it off, or even hinting on the phone you are aware of the debt, you have reset the statute of limitation on the debt if it is "time barred".
So you need to know exactly the date of the last missed payment to figure out if it is within your states SOL. Here is the link to look up your state SOL on DEBTS
Here is a web site to find your states SOL for debts
You will have to dig deeper to find out your states SOL for criminal prosecution also.
If you never committed the crime, then tell them go ahead make my day I will see you in court. If they have no proof and you are innocent, you just might be able to sue for damages under the FDCPA and also for defamation of chracter, especialy if someone overheard that phone message. SAVE THE MESSAGE IF YOU CAN.
Hope this helps answer your question.
EDIT: The above referenced web site is for CRIMINAL Statutes which is what "check fraud" falls under. I did read the question. The question did not state they called and said just Hello!!! I assume they left a message requesting payment of the debt which IS ILLEGAL.
Source(s)by Sgt Big Red - 5 years ago
Never talk to these people by phone. Tell them to communicate anything they have to say in writing and forbid further phone contact.by src50 - 5 years ago
I do not know about the other states but the information presented on the reference site
is TOTALLY inaccurate and I would not go by them until I throughly understood my state's limits as of his date.
Some need to reread the message the poster did not say this was left on the voice mail or if in his/her CONVERSATION with the agent
"When I told her that I couldn't pay tomorrow".