Legal Question in Consumer Law in California

Collection

I have recieved phone calls and now a letter from a collection agency stating that I owe a company $745.27 for a debt from Nov.1983. I have no idea what this is. I have always payed my bills. I feel this could be a scam but don't know how to stop the agency from bothering me. I have been told that they cannot collect a bill from 1983 but I don't think I owe anyone anyway. What can I do? Thank you


Asked on 1/13/09, 12:08 pm

1 Answer from Attorneys
Joshua Swigart Hyde & Swigart

Re: Collection

Because it is the first letter you have certain rights that will expire in 30 days. You need to send them a letter stating that you dispute the debt and request some form of validation. While not required, I suggest you send this letter certified. If they contact in an manner after receipt of that letter and before providing validation their conduct violates the FDCPA and RFDCPA. If it is in fact your debt the statute of limitations to bring an action on a written contract in California is four years. They are well past the statute. If you pay any amount on the account you very well might renew the statute. If they do file a lawsuit the case is defensible and would be a violation of State and federal law based on the statute of limitations issue.

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Answered on 1/13/09, 12:16 pm


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