Legal Question in Credit and Debt Law in California
cell phone bill/ collections
time-barred by the statute of limitation???
The bill is from 2004 also in the summons it states open book what is that?
After I file an anwser contract what do I do? Cingular the company sold it to a credit collection place. Thanks for your help
1 Answer from Attorneys
Re: cell phone bill/ collections
1. Please stop re-asking your question.
2. The computation of the 4-year statute is complicated and you need to call an attorney and bring all your paperwork for the attorney to review. You may have other defenses, for example the collection agency may not be able to prove you owe the money. You may also have a case afainst the CA under the Fair Debt Collection Practices Act (FDCPA). If you do have a FDCPA case, or you otherwise successfully defend the case and there is an attorney fee provision in your contract with Cingular, you might be entitled to recover your attorney fees. Do not assume you cannot afford an attorney until you have personally consulted at least three. Remember you have only 30 days to file an answer to the complaint, you must consult an attorney so that your answer is correct and complete and you do not waive any of your defenses.
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