Threats of arrest, jail or criminal charges
A debt collector that tells you nonpayment will lead to your arrest, jail or criminal charges is almost always breaking the law. The FDCPA forbids representing that nonpayment will result in arrest or imprisonment unless that action is lawful and the collector or creditor actually intends it, and it forbids falsely implying you committed a crime. Owing a consumer debt is a civil matter, and a collector has no power to arrest anyone.
This is one of the oldest scare tactics in debt collection, and it is one of the clearest violations. A collector says there is a warrant, or that the police are on the way, or that you will be charged with fraud or theft unless you pay today. Unless that consequence is both lawful and actually intended, saying it breaks federal law.
Collectors do not arrest people. They do not issue warrants, and they do not decide who gets prosecuted. When a caller claims otherwise, write down every word.
What it looks like
- The warrant call. "There is a warrant out for your arrest" or "the sheriff will be at your door tomorrow."
- The fraud accusation. "Stopping payment is theft," "you committed check fraud," "this is now a criminal matter."
- The "case number" voicemail. An urgent message with a docket-style number, telling you to call before you are "served at work."
- Threatened violence. Any threat to harm you, your family or your property.
- The fake officer. A caller who says he is with a police department, a sheriff's office or a "fraud division." See fake lawyer or police.
The law
Section 1692e of the FDCPA forbids any false, deceptive or misleading representation in collecting a debt. Three paragraphs apply directly:
- § 1692e(4): the representation or implication that nonpayment will result in the arrest or imprisonment of any person, or the seizure, garnishment, attachment or sale of property or wages, unless the action is lawful and the collector or creditor intends to take it;
- § 1692e(5): the threat to take any action that cannot legally be taken or that is not intended to be taken;
- § 1692e(7): the false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.
A threat of violence, or of other criminal means to harm your person, reputation or property, is harassment under 15 U.S.C. § 1692d(1). And pretending to be law enforcement or a government agency is its own violation under § 1692e(1), which covers the false use of any badge or uniform.
What you have to show
That a debt collector, collecting a consumer debt, made the statement. The words matter, so the proof is a voicemail, a letter, a text, or your notes written right after the call. In the Second Circuit, which covers New York, courts read collection statements through the eyes of the "least sophisticated consumer" (Clomon v. Jackson, 988 F.2d 1314 (2d Cir. 1993)), so the question is how a naive but reasonable person would understand the threat, not whether you believed it.
What you can recover
Under 15 U.S.C. § 1692k(a), a collector that violates the FDCPA is liable for your actual damages, meaning the real losses the threat caused you, plus additional statutory damages of up to $1,000 per lawsuit. The FDCPA requires a company found liable to pay the consumer's reasonable attorney's fees and costs.
In Florida the FCCPA provides actual damages, statutory damages up to $1,000 and punitive damages in the court's discretion (Fla. Stat. § 559.77(2)). In New York, GBL 349 provides actual damages or $50, whichever is greater, increased up to three times actual damages capped at $1,000 for a willful or knowing violation. This site does not estimate what a case is worth.
What to do now
- Do not pay on the call. Never give a card or bank number to a caller who is threatening arrest.
- Save the voicemail. Threat voicemails are the strongest evidence in these cases. Back them up off the phone.
- Write down the words. Right after a live call, write the date, time, number, the name used and the exact threat.
- Ask for the company's name and address in writing. A real collector must send a validation notice. See no validation notice.
- Check for a real lawsuit. If you have been sued, do not ignore the papers. The answer deadline is short, and the sued by a debt collector page explains the first steps.
If the caller will not identify the company
Some threat calls come from people who are not licensed collectors at all. Placing calls without meaningful disclosure of the caller's identity is itself a violation (15 U.S.C. § 1692d(6)). A lawyer can often trace the number, the payment processor or the letters to a company that can be sued.
The clock
| Claim | Time to sue | Authority |
|---|---|---|
| FDCPA | 1 year from the threat | 15 U.S.C. § 1692k(d) |
| Florida FCCPA | 2 years from the violation | Fla. Stat. § 559.77(4) |
| New York GBL 349 | 3 years | N.Y. CPLR 214(2) |
In New York, New Jersey and Florida
New York. GBL 601(1) bars simulating a law enforcement officer or a representative of a government agency, and 601(8) bars threatening to enforce a right the collector knows or has reason to know does not exist. Consumers usually bring these claims through GBL 349, which lets the court award a prevailing consumer reasonable attorney's fees. See the New York page.
New Jersey. The FDCPA applies in full. See the New Jersey page.
Florida. The FCCPA bars asserting a legal right the person knows does not exist (Fla. Stat. § 559.72(9)), and willful conduct that can reasonably be expected to abuse or harass (§ 559.72(7)). It reaches original creditors too, and the FCCPA requires a company found liable to pay the consumer's reasonable attorney's fees and costs. See the Florida page.
Fake lawyer or police
Pretending to be an attorney, an officer or the government is its own violation.
Fake lawyer or police →Threats to sue
A threat of a lawsuit the collector cannot bring or does not intend is illegal.
Threats to sue →Harassing calls
Threats, profanity and repeated calls under one section of the law.
Harassing calls →Common questions
Can I go to jail for not paying a credit card or medical bill?
A debt collector cannot arrest you and cannot have you arrested for owing a consumer debt. Courts can enforce their own orders in a lawsuit, which is one reason never to ignore a summons or a court order. A collector that says nonpayment will get you arrested, when that is not a lawful and intended result, violates 15 U.S.C. 1692e(4).
The caller said there is a warrant for me and a sheriff is coming. What should I do?
Do not pay on that call and do not give bank information. Write down the caller's name, number and exact words, save any voicemail, and check whether any court case exists. A caller who invents a warrant may not be a legitimate collector at all. If a real lawsuit exists, respond to the court papers; see the sued by a debt collector page.
They said I committed fraud because I stopped paying. Is that allowed?
Falsely representing or implying that you committed a crime or other conduct in order to disgrace you violates 15 U.S.C. 1692e(7). Threatening criminal charges to scare you into paying is the kind of conduct the statute targets.
What if it was the original lender who threatened me?
The FDCPA generally covers third-party collectors and debt buyers, not a lender collecting its own debt. In Florida the FCCPA reaches any person collecting a consumer debt, including the lender, and in New York a deceptive threat can support a claim under General Business Law section 349.
Tell us what they did.
One conversation with an attorney, in your language. We tell you which laws the collector or the credit bureau broke, which deadline runs first, and what to save this week. If it is not a case we can take, we say so and tell you where to go.
(718) 484-7510The FDCPA and the FCRA require a company found liable to pay the consumer’s reasonable attorney’s fees and costs. Our fee arrangement is confirmed in a written retainer before we begin. English, Russian and Spanish in-house; an interpreter for any other language.