Legal Question in Consumer Law in California

credit report

When my huband passed on in 2001, I called a food wervice company which he had contracted with to cancel the delivery and pick up the freezer that came with the service which we had been led to believe was a lease during the delivery of food. The woman I spoke with at the company cancelled the food delivery, but said that they would not come to pick up the freezer, and that my husband had purchased the freezer, (I know that he did not know that, nor did I, per what the salesman had told us.0

Anyway, the woman understood the situation, and she told me that she would ''write off'' the freezer. My 2003 credit report shows the freezer account as ''write off or charge off.'' So does my 2005 credit report. In spite of this, I have been getting monthly bills since about Noverber of 2004 with exorbitant interest being added monthly. I called the company and explained to them about the ''chagre off'' on my credit report. I believe they took a tax credit on their yearly income taxes for this freezer, which I donated to a church after talking to the woman way back in 2001. I even sent her a copy of the letter from the church for thanking us for the donation, for their records. There is nothing about collections.


Asked on 7/22/05, 9:59 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: credit report

Sorry about your husband's passing.

My best guess is, he signed a contract agreeing to purchase the freezer. Assuming that was the case, no oral statements made by the salesperson had any legal effect, only the language of the written contract. Certainly they are not going to care whether you sold your freezer, donated it, or disposed of it in some other manner. The fact that they charged off the debt or took a tax deduction for a bad debt does not mean the debt was cancelled. However, the California statute of limitations for suing someone over a debt in writing is 4 years, which means they cannot now legally collect the debt. Write them (do not call them) and tell them so, and demand that they stop all collection activity. The notation on the credit report will last 7 years. Make sure you do not pay them anything, or promise to pay them anything, if you do then the debt will again be legally collectible.

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Answered on 7/22/05, 12:32 pm


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