Legal Question in Credit and Debt Law in California

6 Year Old Collection, Concerned About Credit Report

On behalf of the local telephone company, a collection agency is attempting to collect 372.74 (now $700+ because of late charges) for an account with an address which I have never resided.

I have challenged this debt and now they've requested documentation to prove my residence 6 months prior to 9/30/96. The forms they sent me stated that they wanted three proofs of residence for each of the six months--that's eighteen ridiculous documentations. These were my undergrad years, who keeps all those documentation.

This account is 6 years old, I have never received any attempts to collect this amount in the past. From the previous posting, the legal statute for the debt is 5yrs./written and 4yrs./oral. My real concern lies with the credit reports. I have recently made attempts to keep my credit report clean and do not wish them to report these false accusations.

What is the best avenue for me to resolve this matter? I have heard threatening them with ''Slander of Credit''...


Asked on 3/01/02, 2:46 pm

3 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: 6 Year Old Collection, Concerned About Credit Report

The Statute of Limitations on a written contrat is 4 years. I think I can help you remove their claim and you may have a claim against the collection agency. Please fax me all documnetation you have to 714 363 0229, and I will call you and provide you free consultation.I I cannot believe theyStgat

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Answered on 3/01/02, 3:04 pm
Alexander Trueblood Trueblood Law Firm

Re: 6 Year Old Collection, Concerned About Credit Report

Is this American Agencies? I am handling an existing case against them for exactly this kind of conduct. Give me a call if you wish. 310-443-4139. www.truebloodlawfirm.com

Alec Trueblood

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Answered on 3/01/02, 4:00 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: 6 Year Old Collection, Concerned About Credit Report

The burden of proof is on the agency and the phone company, not on you. Since the statute of limitations has past, they cannot sue you. If they knowingly and intentionally make a derogatory report on your credit report, knowing that you dispute the claim, they could be liable for statutory damages of $10,000.

Give me a call if you need help. 925-924-0100

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Answered on 3/01/02, 4:05 pm


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