Consumer Law

Deputy Constable Tries To Illegally Collect Debts

By M. Stan Herring

KFOXTV.com has posted an article about a deputy constable in El Paso, TX who allegedly tried to arrest a man (illegally) for not paying his bills from renting equipment from Buddy's Home Furnishings.

"He told him that he owed Buddy's [Home Furnishings]," said Scott Vogelmeier, an attorney representing the man. "And that if he didn't pay Buddy's, he would arrest him, put him in handcuffs and take him away right then and there."

Debt collection is out of the realm of law enforcement, even when accompanied by a representative from the creditor, as was in this case. Failing to pay a debt is not a crime and people should not be threatened with arrest by debt collectors. Also, debt collectors (and constables) are prohibited from showing up or calling where debtors work.

"To go out there, and suggest that my client committed some sort of criminal act, which in fact he did not, and that he could be arrested and handcuffed and dragged away in front of his co-workers and the patrons of that restaurant, it's just absolutely incredible that anybody would think that's correct," said Vogelmeier.

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Full post as published by Alabama Consumer Blog on February 10, 2010 (boomark / email).