Do Debt Collectors Call You Threatening to Send a Process Server or File a Lawsuit if You Don’t Pay Today?
For many Florida consumers, debt collection calls are a daily source of anxiety. What makes them worse are the threats — “We’re sending a process server,” “We’re filing a lawsuit today,” or “You’ll be arrested if you don’t pay right now.” These statements are designed to scare you into paying, even when the collector has no legal right or intention to follow through.
At Rebecca Goodall Law, P.A., we help clients stop illegal collection practices, correct credit damage, and pursue compensation when their rights have been violated. If you’ve received aggressive or misleading calls from a collector, you may be entitled to legal relief under the Fair Debt Collection Practices Act (FDCPA) and Florida’s Consumer Collection Practices Act (FCCPA).
What Debt Collectors Are Not Allowed to Do
The FDCPA and FCCPA set clear limits on how collectors can contact you and what they can say. Under these laws, collectors are prohibited from:
- Threatening to take legal action they do not intend or are not authorized to take
- Claiming they have filed a lawsuit when they have not
- Implying that law enforcement will get involved in a civil debt
- Using profanity, harassment, or repeated calls to pressure payment
- Contacting you at work after being told not to
- Contacting your family, employer, or neighbors about your debt
Unfortunately, some collectors continue to rely on fear tactics to coerce payments. They know that the threat of being “served” feels urgent, even when it’s a bluff.
What “Sending a Process Server” Really Means
A process server is a neutral third party authorized to deliver court documents when a lawsuit has been officially filed. If no lawsuit exists, there is nothing to serve. When a debt collector says they are “sending a process server” without having filed a lawsuit, they are likely violating the law.
Threatening legal action to pressure payment is considered a false representation under the FDCPA. It’s also a violation of the FCCPA in Florida, which forbids collectors from asserting the existence of legal rights that don’t actually exist.
If you’ve received one of these threats, document it. Write down the date, time, caller’s name (if given), phone number, and what was said. These details can help us prove your case.
How to Respond to Threatening Debt Collection Calls
You don’t have to tolerate harassment. Here’s how to take back control:
- Stay calm and take notes. Don’t engage emotionally. Record details of the call in a notebook or email to yourself.
- Request written communication only. You have the right to ask that all contact be in writing. A simple letter can stop the calls.
- Send a cease and desist letter. Our Cease and Desist Letter Services make it official and legally binding under federal and state law.
- Do not give payment information over the phone. Never agree to payment arrangements with a caller who uses threats or refuses to send written verification.
- Ask for debt validation. Under the FDCPA, you have the right to request proof that the debt exists and that the collector has authority to collect it.
Recognizing the Signs of a Debt Collection Scam
Some “collectors” are not legitimate at all. If the caller refuses to identify their company, won’t send written notice, or demands payment through unconventional methods like gift cards or digital wallets, it’s likely a scam.
Even when a real collection agency is involved, deceptive threats remain illegal. Whether the call came from a known agency or an unlisted number, your response should be the same — document everything and reach out for legal guidance.
Real Florida Case Example
A Pasco County consumer received multiple calls claiming that a “courier” would deliver legal papers within hours if she didn’t pay a $900 balance immediately. She had never received any prior notice of a lawsuit. Our firm contacted the agency, confirmed that no lawsuit had been filed, and filed suit under the FDCPA. The case settled for damages and attorney’s fees — and the calls stopped permanently.
Your Rights Under Federal and Florida Law
Under the FDCPA and FCCPA, you have the right to:
- Be free from threats, abuse, or intimidation
- Receive written verification of the debt before payment
- Request that communication stop entirely
- Dispute the validity of the debt
- Recover damages if your rights are violated
If a collector’s actions caused stress, embarrassment, or harm to your reputation, you may be entitled to compensation. Many of these cases also include attorney’s fees, meaning you may owe nothing out of pocket to pursue your claim.
How Our Firm Can Help
At Rebecca Goodall Law, P.A., we take these cases personally. Our goal is to protect consumers from the financial and emotional harm caused by illegal debt collection tactics. We handle every step, including:
- Reviewing call recordings and documentation
- Sending official cease and desist notices
- Filing FDCPA or FCCPA claims when violations occur
- Repairing damage to your credit report through our Credit Reporting Dispute Services
We’ve helped clients throughout Elfers, New Port Richey, and Holiday stop abusive calls and recover damages for unlawful practices. If you’ve been threatened with false legal action, it’s time to make them stop — legally and permanently.
What to Do Right Now
Keep every voicemail, letter, or text message related to the debt. Don’t delete or discard anything. Then contact our office for a review. Even one unlawful call may be enough to pursue a claim.
To schedule your free consultation, call (813) 438-3695 or contact us online. You don’t have to live in fear of the next call. With the right action, the harassment ends — and your peace of mind returns.
