Legal Question in Credit and Debt Law in California

Collections Laws

Hello. I have been told by a collections agency that I owe $150 from two years ago, yet I never received a bill. They say I didn't close the account, which I did, and that I bounced a check. Neither the business or the collections agency can provide me with my supposed bounced check or bill, and they both say I'm suppose to contact the other! Neither will deal with me.

Questions:

1. What is the law in regards to whom is suppose to handle this claim?

2. Aren't they legally suppose to provide me with a copy of the records? And what about billing me? They never billed two years ago.

3. I feel this is a complete scam! If they cannot provide me with proof, is there a government agency or something that I should contact to report this?

Thank you for your help! I have very good credit and want to keep it this way.


Asked on 7/08/02, 4:59 pm

2 Answers from Attorneys
Hollie Lemkin Law Offices of Hollie A. Lemkin

Re: Collections Laws

1. Unless the business has legally assigned the claim to collection, then the debt is still allegedly owed to business and they should provide you with the information.

2. If you have never been billed and had notice of claim you can not be legally be expected to pay the bill.

3. If you are concerned that you are being scamed then you can contact the local fraud division of your city or county.

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Answered on 7/09/02, 7:17 pm
Larry Rothman Larry Rothman & Associates

Re: Collections Laws

Upon your request, the collection agency must send you documentation concerning your account. If you fax me your documentation to 714 363 0229, I will review it and provide you with free consultation.

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Answered on 7/08/02, 5:09 pm


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