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Question
My daughter borrowed money money tree. She has had an account with them for 4 yrs. In the last few months she has gotten behind and they have even threatened her to come and get her car so she would have to write a post dated check. They came to he house the other day and said that she had a return check eventhough when she wrote the check she told them that the check would not be good for several days. Now they are making threats to prosecute her and take her car. Please help!!!!!! I am in georgia. When the men were here when I shut the door they went and stood by the car when I ask them what they were doing he said looking at my collerateral. I told him to get off my property and he said that federal law allowed him to be there. They finally left
First, federal law says they cannot breech the peace which means they cannot trespass on your property once told to leave. Call the police next time. Second, it is against the Fair Debt Collection Practices Act to demand a post dated check and run it early then use it to threaten you. File a complaint with the Federal Trade Commission. You may resist repo until they get a court order or "replevin warrant". If they do not have the civil warrant tell them to leave.
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Answers by Expert:
Michael Brotherton
Expertise
Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).
Experience
Over 40 years combined experience negotiating disputes and resolving financial issues related to consumer debt, corporate issues and mortgage modifications.
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