Legal Question in Credit and Debt Law in California
collection agency charging BOGUS fees
I was evicted back in 1994 for non-pament of rent (I was on disability and was not yet receiving payments). Went to court Nov. 1994 judgment was for $2100.00 (3 1/2 mos @ 615.00/mo) I did not move out until mid Dec. 1995 so my $1230 rental deposit was not credited at court. After I moved out they gave me a $1000 credit for my deposit towards the judgment leaving a balance of 1200.00. My wages were garnished $100/mo for 9 mos crediting me $900 towards the balance. Garnishment stopped when I found another job. Now a collection agency claims I owe $4000. Included are interest charges, $800 attorney fees. My understanding I should only be charged interest at 10% APR. on the unpaid balance. The collection agency is ignoring my $1000 credit for my rental deposit They said they would provide me with documentation for a $500 COPYING FEE! I WANT TO PAY THIS OFF, but only what I owe not trumped up fees. Am I responsible for an alleged attorney fee.
1 Answer from Attorneys
Re: collection agency charging BOGUS fees
It sounds like they're trying to read you off. You're not liable for attorney fees and unless the rental agreement specifically provided for attorney fees. Even if it did, the fees would have to be reasonable. If you've not been the court, I can't imagine how they can run up and $800 attorney fee bill. You're not legally obligated to pay any charges outside of what is specified in the rental agreement.
In your case, there is a court judgment. Once you satisfied that judgment, they're required to file a satisfaction of judgment. If they do not, you can hire an attorney to taking the court in force them to do it can be awarded attorney fees. Other than the interest that normally accrues on judgments, they can legally and any other charges.
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