Legal Question in Credit and Debt Law in California

I had a Capital One $4200 charge off. The collection co. reneged on a settlement offer. 4-1/2 years after the charge off, only AFTER I filed a dispute with Equifax, Capital One added interest to the original charged off amount, which now is being reported as a balance of $8,000 ($4000 interest added). Cap. One will not budge nor allow me to settle! 1) Is the additional interest legal? 2) Does a coll. agency or credit card company have a legal obligation to try to settle? 3) To whom do I file formal complaint? Thank you.


Asked on 2/09/10, 9:00 am

1 Answer from Attorneys

C. Coulter Mulvihill Cynthia Coulter Mulvihill, Esq.

1) The additional interest may be valid; that looks like an annual interest rate of somewhere between 20% and 30%.

2) No, a collection agency or credit card company does not have a legal obligation to settle

3) If the settlement offer was in writing, you can file a Small Claims Court action for breach of the settlement agreement. The statute of limitations for breach of a written agreement is 4 years.

If the settlement agreement was oral, you could file a Small Claims Court action for breach of oral agreement, but only if it was made within the last 2 years since that is the statute of limitations for an oral agreement.

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If you have not made a payment in more than 4 years and the credit card company or debt collection company did not sue you, the debt is uncollectible because the statute of limitations passed.

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The debt collector is obligated to comply with the Fair Debt Collections Act (FDCPA) which hs here: http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf. California has special debt collection regulations, which are here: http://www.dca.ca.gov/publications/legal_guides/dc_2.pdf. If the debt collector is violating those rules, you can file a complaint with the California Attorney General

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Answered on 2/22/10, 10:20 pm


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