[WSBARP] Off Topic - Collection Demand

Jeff at bellanddavispllc.com Jeff at bellanddavispllc.com
Sat Jul 23 12:00:48 PDT 2022


Listmates:

 

This is an off topic question.  Client loans large sum of money to a "rea
estate developer."  Even gets a promissory note.  Of course money not
repaid, always excuses.  Turns out the borrower is a scammer.  He obtains
private loans on promises to large returns flipping real estate.  He is so
bad, the Washington State Department of Financial Institutions entered
detailed findings and a cease and desist order against the person.  The
client's facts fit well within the findings of the cease and desist order.  

 

In the past, I always thought you could not threaten criminal prosecution
for non-payment, when demanding repayment.  I think it was a class C felony
to do so.  However, would it be wrong to threaten contacting the Department
of Financial Institutions or even the IRS?  It is certainly not threatening
criminal prosecution.

 

I understand that people like this could care less about government
authority as they have gotten away with their scams for so long, however, I
don't want to run afoul of the fair debt collection practices.

 

Jeff

 

W. Jeff Davis

BELL & DAVIS PLLC
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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