Legal Question in Credit and Debt Law in California

In 2008 I hired a Locksmith to fix two keys at my new home (addressA). We wrote a check from our checking account for approx $220. We never received notice (by phone number nor addressA) that the check did not go through (account closed). The company said they gave over their bad checks to a Attorney who then took out a claim against me. I did not know any of this until I checked my credit and saw the claim against me for $880.00. I contacted the attorney and was basically harassed and told they sent four letters (all returned to them unclaimed from addressB which was on the check). I told them I would pay the initial amount plus bank fees. Chase wrote letter on my behalf that the check was never deposited nor was my account closed. Funds were available and an error was made on the bank's side. The attorney refuses the change the amount from $880 and says I will owe $1500 soon. The locksmith's invoice was for addressA not addressB. What rights do I have to refute this and only pay the initial amount.


Asked on 7/02/10, 1:44 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

You will either have to file suit against them, or you will have to wait for them to file suit and then defend it based on the information you have. You really cannot force them to accept less-than they believe they are owed, short of filing suit. Do contact an attorney who handles debt collection matters, and see if a letter from an experienced, qualified attorney might change the locksmith's attorney's mind about settling this.

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Answered on 7/08/10, 5:02 pm


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