Legal Question in Credit and Debt Law in California

Collection Harassment

A collection company has not stopped contacting to settle a debt, even after I have provided 10 of their customer reps with proof that all debt was paid. Letter from the original debtor, check copy, confirmation number when debt was paid. They had stopped for the past month and now I have recieved a letter from their law office stating if I did not pay within 14 days they would file a lawsuit against me in my county. I called them and said if they did file a law suit to send me the information when so that I could file a counter suit, they immediately put me on hold and was on hold for over twenty minutes till I hung up. What is your suggestion to do in this matter? I do not want it affecting my credit score, especially when I have paid everything off and have proof of it. Thank you.


Asked on 4/06/09, 3:13 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Collection Harassment

Contact a consumer attorney right away, and file suit for violations of the Fair Debt Collection Practices Act, and posssibly violations of the credit reporting acts (if they have reported this yet). Hopefully you have documented each of these calls. Collection Agencies and even law firms doing collections are getting super-aggressive these days.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 4/06/09, 3:36 pm
Larry Rothman Larry Rothman & Associates

Re: Collection Harassment

You cannot be harrassed by collection agencies. There may be a violation of the Fair Debt Collection Act by their conduct. We would have to review you documentation, but it seems that you have a great case and defense. Please call me and I can answer any other questions you might have.

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Answered on 4/06/09, 4:16 pm


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