Legal Question in Credit and Debt Law in California

Collection Agency Continues after case resolved

I was issued a vehicle citation for being solo in a carpool lane. I missed my court date because I was in county jail on unrelated charges. While in jail I filed a piece of paper pleading guilty to the violation and requesting time served. I received a paper from the court stating that my case was suspended and no action was required by me. 3 months later this collection agency calls tells me I owe them the money. I sent a certified copy of the letter to them and they say that was good enough. 2 months later I got letter from them saying I owed them money. I then had to take time off of work to go to West LA and show them the paper in person. Once again they said that was good enough and it would be taken care of. Today I received yet another letter claiming they will garnish my wages if not paid in full. I called them and they said I needed to go back to the courthouse and show them the letter again. What can I do? I can't afford to be taking days off of work because they can't follow through on things. It is stressing me out and affecting my job. I am unable to focus on my job do to their incompetence. Can somebody give advice on what if any legal recourse I have.


Asked on 10/20/05, 5:28 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Collection Agency Continues after case resolved

collection agencies are often times not only overly aggressive in their "harassment" toward debtors, but most often times they are unorganized with their records and disregard FDCPA laws protecting consumers. in your case, you should immediately send them a validation of debt letter (communicate only thru WRITINGS now) showing your concrete PROOF that the debt they are trying to collect on now is invalid by virtue of court order, at least for the time being. you should also include that they immediately cease and desist and further contact with you regarding this matter, or they will open themselves up to legal liability under the FDCPA. you should also send copies of this letter to the FTC and Attorney General's office for official record of your complaint and request. thereafter, if they contact you any further, the FTC and Attorney General may fine them accordingly. Further, you would have standing to sue for their violations of the FDCPA as well, especially based on your history of having had to miss work due to their invalid claim against you. If they put negative marks on your credit reports, simply send the credit bureaus proof that the debt is invalid, and they should be promptly removed thereafter, while you would also have standing for a defamation lawsuit at this point. if you would like any further assistance in this matter, i.e. help with drafting the validation of debt/cease and desist letter, contact us today.

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Answered on 10/20/05, 6:04 pm


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