Can a debt collector demand payment or threaten arrest?
No, a debt collector in California cannot demand payment or threaten arrest. Debt collectors are not allowed to use any type of harassment or abuse to collect a debt. By law, debt collectors must be civil when contacting debtors and cannot threaten arrest or use other deceptive tactics to collect the debt. Threatening arrest is a violation of the Fair Debt Collection Practices Act (FDCPA) and could result in the debt collector being in violation of consumer protection laws. In addition to the FDCPA, California has its own consumer protection laws that prohibit debt collectors from making threats or using other deceptive tactics to collect a debt. Debtors should never make payments or provide personal information to a debt collector who makes threats to arrest them. It is important to remember that a debt collector cannot have a debtor arrested for not paying a debt. If a debt collector is using threatening language or making threats of arrest, the consumer should take steps to end the contact with the debt collector and file a complaint with the proper authorities. If a consumer has any questions or concerns about a debt collector, they should also contact an attorney who can provide legal advice.
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