Legal Question in Credit and Debt Law in California
Collections rights
I was in a ''fender bender'' last year, I rear ended someone no police report, no injuries no damages. Three months later I received a letter from the other drivers insurance billing us for $4000 for bodily injuries to their client. Since nothing happened I didnot understand where such a sum came from. When I asked them about it they said they couldnt specify, but that we must pay. They threaten to sue me, but they didnt. Instead they sent us to collections. The collection agency has contacted us and also tell us they cannot specify anything. I have heard that they must itemize whatever it is they are trying to collect. What are my rights? I know I can refuse to pay but it isnt fair that my credit is on the line. Am I expected to just pay?? Or do I have rights?
3 Answers from Attorneys
Re: Collections rights
If any credit bureau is contacted, you have a right to write a response to the purported charge and whenever the comment goes out, your response must be sent as well. That does not sound like a perfect solution to the leverage creditors wield against us debtors, but that is the only response, short of filing a lawsuit, that I am aware of. Sorry!
Re: Collections rights
You do have rights. You can say you are disputing the claim, and then they have to send you some information about how it came to be that this amount was owed. The Insurance Company has probably paid the claim to its own insured and then assigned the right to collect it back from you to the collection agency. Whatever you do, be active. Find out why they've come up with the amount that they have. If it's a minor accident, you're within your rights to question the bodily injury settlement. Finally, your credit won't be on the line unless they get a judgment after suing you, or you sign a promissory note and default on it. AT any rate, get an attorney if at all possible. But have them send you copies of all medical records, etc. Make informed decisions.
Re: Collections rights
You may not have to pay and in fact may have a claim under the Fair Debt Collection Act. Please contact Mary at our office to set up an appointment for consultation.