Legal Question in Credit and Debt Law in California
Collection Agency tring to collect debt from 1989
I have a Collection Agency calling me 6x a day tring to collect a debt from 1989. (Out of Calif.) It was from a credit card and has been off my credit report for years! Apparently this account was bought from another collection agency who never contacted me at all. What can I tell these people to make them stop calling me?
5 Answers from Attorneys
Re: Collection Agency tring to collect debt from 1989
There is a two year or four year statute of limitations so if there is no judgment, you may have a claim against them under the FDCA. Please call me if you have any questions.
Re: Collection Agency tring to collect debt from 1989
You have a claim for violation of fair debt collection practices act..US damages less than $1000, Tex.$500..and attorney fees..but few attorneys accept as too expensive..
Re: Collection Agency tring to collect debt from 1989
send them a letter, via certified mail, return receipt requested, to cease and desist from any and all communications with you regarding this debt. If they communicate with you after their receipt of the letter, you have a claim against them under the Fair Debt Collection Practices Act.
Re: Collection Agency tring to collect debt from 1989
You need to notify the collectiond agency in writing that you dispute the debt and telling them not to contact you in accordance with the federal Fair Debt Collection Practices Act. I suggest sending the letter fax or by certified mail. Any future ocntact could give you a claim for damages.
Also, get a copy of your credit report and dipsute any inaccurate entries.
Re: Collection Agency tring to collect debt from 1989
To get them off your back, I suggest you have a lawyer send them a letter telling them not to bother you again. If they continue then you will have a good legal case against them under the Fair Debt Collection Act; any plaintiff's attorney will take that case on a contigency basis.