Legal Question in Credit and Debt Law in California
Collection Agency trying to collect a debt I don't owe on a health club membersh
I received a letter from a collection agency stating I owe a debt for a health club membership that I cancelled 4 years ago. I was committed with the health club for one year at $14 a month. I completed my commitment, payment in full and cancelled my membership after a year by letter as required by the contract. My letter of cancellation was retained up until about four months ago when it was shredded thinking I no longer needed this proof of cancellation as almost four years had gone by. The collection letter states I owe $838.07. I have contacted them on two occassions and have gotten no where. They state that without a copy of that cancellation letter they can not help me and I owe the amount stated. What legal recourse do I have under these circumstances?
2 Answers from Attorneys
Re: Collection Agency trying to collect a debt I don't owe on a health club memb
Based upon the length of the debt or statements made in the letter, you may not have to pay th debt and may even have a case against the collection agency. Please fax your correspondence to me at 714 363 0229 and include your phone number. I will call you and advise you if you have a case or what to do to resolve your problem. We need to review your documention to see if you have a case.
Re: Collection Agency trying to collect a debt I don't owe on a health club memb
If it has been less than 30 days since you were first contacted by the collection agency, then you should exercise your rights under the Fair Debt Collection Practices Act. Send the agency a simple letter advising them that you dispute the debt (you can cite your reasons) and request that they send you written verification. Send the letter by certified mail and keep a copy. If they attempt to collect the debt after receipt of your dispute, they will be in violation of the FDCPA. You may want to order copies of your credit reports from Experian, Equifax and TransUnion. I suggest that you wait to to that until after 30 days from the date that you know they received your dispute letter. If the debt is there, you can try disputing the debt with the credit bureaus.
Feel free to call me if you need additional info.
Glen H Chulsky, Esq.
www.njconsumerfraudlawyers.com
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