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Can Debt Collectors Threaten to Sue Me? | Minneapolis Lawyers

Misstatements and Exaggerations Are FDCPA Violations

Consumers who owe debts often experience outright threats from debt collectors. One of the most frequent questions we hear at Martineau, Gonko & Vavreck is, "Can debt collectors threaten to sue me?"

The short answer is — no they cannot, unless they intend to actually take legal action against you in the near future. In other words, the Fair Debt Collection Practices Act prohibits empty threats. It is also illegal under the Fair Debt Collection Practices Act for a debt collector to make misstatements of the law or threaten to take an action that is illegal.

We hear about all manner of threats from our clients:

  • Can debt collectors threaten to sue me? Are they licensed to collect debt or practice law in Minnesota? Did they threaten to "take it to the next level" unless you called back by a certain deadline? Did the threatened action actually happen?
  • Can debt collectors threaten to take my house? No, they cannot, without proof that they actually intend to do so, and in fact have the right to follow through. Unsecured debt, such as credit card or medical bills can be used to force you to sell your house. 
  • Can debt collectors threaten to take my Social Security disability insurance or Supplemental Security Income? No. SSDI, SSI and some other types of disability income are exempt from debt collections.
  • Can debt collectors say they are affiliated with the government? They absolutely may not.
  • Can debt collectors misstate the amount or legal status of the debt? They absolutely may not.

These types of threats and others may be violations of the Fair Debt Collection Practices Act.

What Should You Do if You Face Abusive Debt Collection Tactics?

You should fight back. Federal consumer protection laws exist for a reason — to give consumers rights against powerful debt collection companies. Martineau, Gonko & Vavreck (MGV) is a Minneapolis consumer protection law firm that has handled more than 500 FDCPA actions. We are one of few Twin Cities law firms that focus on this area of consumer protection law, and we would be pleased to give you advice and information about your legal rights in the face of collection agency harassment.

To discuss your case with a consumer protection lawyer, call 612-659-9500 or fill out our contact form. We represent clients in Minneapolis, St. Paul, throughout Minnesota and in Western Wisconsin. Se habla español.