What Should I Do if I Get a Call About Legal Action Against Me?

Receiving a call about legal action against you can be alarming. Whether it’s a legitimate legal matter or a potential scam, knowing how to respond appropriately is crucial. This guide will help you navigate the situation, determine the legitimacy of the claim, and take the right steps to protect yourself.

Stay Calm and Don’t Panic – It May Not Be Real Legal Action

It’s natural to feel anxious when you receive a call about a legal action. However, panicking won’t help. Take a deep breath, focus on gathering as much information as possible, and don’t give any information back, especially personal or sensitive information. 

Remember, many legitimate legal matters are communicated through official channels like mail or in-person service rather than a phone call.

In many cases, harassment calls are made by criminals posing as the IRS or other government agencies threatening you with legal action to obtain personal information. These individuals then use this information, such as your Social Security number, to commit identity theft and fraud. In some instances, a debt collection company may call you repeatedly and threaten legal action if you have outstanding credit card debt, medical bills, or student loans.

However, harassment calls are a violation of your consumer rights, and you do not have to live with them. 

The law is on your side if you suffer from repeated threatening calls. Creditors, debt collectors, and telemarketers are not allowed to harass you. The Telephone Consumer Protection Act (TCPA) protects individuals from unwanted texts, calls, and faxes. Companies have to abide by the rules and should not contact individuals without their consent.

If a business violated the TCPA or other laws by harassing and threatening you over the phone, you could be entitled to monetary compensation. You could receive amounts for your actual losses, such as any phone minutes or texting charges associated with harassment calls. 

If a company willfully or knowingly violated the TCPA and persistently harassed you, you may receive statutory damages of $500 – $1,500 for each violation. Importantly, you could also be entitled to injunctive relief. Injunctive relief is a court order that stops the violating company from contacting you again with calls or faxes without your prior consent. 

Gather Information From the Caller

Before taking any action, ask the caller for specific details about the alleged legal issue. Important information to request includes:

• The caller’s full name and organization
• Case or reference number
• The nature of the legal action (lawsuit, debt collection, criminal charge)
• The court or agency involved
• A callback number

Legitimate callers should have no problem providing this information. If the caller is vague or refuses to provide details, it may be a scam.

Do Not Provide Personal Information

Avoid sharing sensitive details such as your Social Security number, bank information, or passwords over the phone. Scammers often use fear tactics to trick people into divulging personal data, which can be used for identity theft or fraud.

Verify the Legitimacy of the Call

Check With Official Sources

If the caller claims to be from a government agency or law firm, verify their identity before taking further action:

• Search online for the official contact details of the court or agency they claim to represent.
• Call the organization directly using a verified phone number.
• Check public court records to see if there is an actual case filed against you.

Beware of Common Scams

Some common fraudulent calls include:

• Fake IRS or Social Security calls demanding immediate payment.
• Debt collection scams where callers threaten arrest for unpaid debts.
• Phony lawsuit threats claiming you must pay immediately to avoid legal action.

If something feels off, trust your instincts and do further research before responding.

Contact Morgan & Morgan

If the legal action appears to be legitimate, it’s crucial to seek legal counsel. An experienced attorney can:

• Review the claims against you
• Determine your legal rights and options
• Respond to the case appropriately
• Represent you in court if necessary

Morgan & Morgan offers free evaluations and can help you understand your legal situation and next steps.

Do Not Ignore the Situation

If a real lawsuit or legal action is filed against you, ignoring it can lead to serious consequences, including:

• Default judgments (losing the case automatically)
• Garnished wages or bank account seizures
• Arrest warrants in criminal matters

Taking proactive steps to address the issue is always better than hoping it will go away.

Review Any Documents You Receive

If you receive legal documents by mail or personal service, carefully review them. Look for:

• The plaintiff or party bringing the lawsuit
• The court handling the case
• Deadlines for responding

Do not sign or agree to anything without consulting an attorney first.

Responding to Debt Collection Calls

If the call involves debt collection, you have rights under the Fair Debt Collection Practices Act (FDCPA):

• You can request written validation of the debt.
• Collectors cannot threaten or harass you.
• You have the right to dispute the debt.

If a collector violates these rights, you may have grounds for legal action against them.

If It’s a Scam, Report It

If you determine the call is fraudulent, report it to the appropriate authorities:

• Federal Trade Commission (FTC): ReportFraud.ftc.gov
• Consumer Financial Protection Bureau (CFPB): https://www.consumerfinance.gov/
• State Attorney General’s Office

Document details of the call, including the phone number, name used by the caller, and what they said.

Protect Yourself From Future Scams

To minimize future scam attempts:

• Register your number on the National Do Not Call Registry (www.donotcall.gov).
• Use call-blocking apps or phone settings to filter unknown calls.
• Educate family and friends about common scams.
• Monitor your credit reports for suspicious activity.

If You Get a Threatening Call, Make Your Next Call to Morgan & Morgan

Receiving a call about legal action against you can be shocking and stressful, but knowing how to handle it can prevent unnecessary panic or harm. Always verify the legitimacy of the claim, avoid giving out personal information, consult with an attorney, and report scams when necessary. 

If you’re facing real legal trouble, Morgan & Morgan is here to help—contact us today for a free case evaluation.