Threatening To Arrest My Daughter

At 18 my daughter was trying to buy a car through a tote the note (Texas). There was so much wrong with it she gave it back. Now they are going to sue her and threatened to put her in jail is this possible? Can the sheriff serve her on her job? Can they put her in jail? She was 18 at the time now she is 27.

Dee

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Hi Dee,

The Fair Debt Collection Practices Act (FDCPA) 1692(e)(4) prohibits the following:

“The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.”

Also the Texas statute of limitations is four years, so not only have they violated the FDCPA, the debt is also time barred.  I’d send a cease communication by certified mail, include a self addressed stamped envelope requesting $1,000 for violating 1692(e)(4), and call it a day.

Thanks for the questions and hope this helps.

Paul

This author is not an attorney and this information should not be considered legal advice.  Please consult an attorney for legal advice.