Legal Question in Credit and Debt Law in California

collections for towed car no longer in my possession

I have sold a car, sent in the liability form, and after sending in the form, the DMV filed it 2 weeks later. In between that time, the car ended up being towed from wherever the purchasers left it. 2 Years later, after providing collections with the copy ,from the dmv, of the release form I sent in, and all other documents,including letters from dmv, they still refuse to stop collections, saying this form was not FILED by dmv before this was towed so it is my responsibility. The release form, signed by me, is dated before the towing. I am being harrassed,and I feel I might be a victim of a scam. What can I do?


Asked on 12/05/05, 5:14 pm

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

Re: collections for towed car no longer in my possession

You need to send them legal cease and desist letter, and/or a validation of debt letter promptly hereafter. These letters will either make them show the proof required to collect on a debt according to FDCPA laws and/or open them up to civil and/or criminal liability if they continue the harassment. It is very important you put these letters in writing and send carbon copies to the FTC and Attorney General's Office so they are on notice as well. This will usually stop the harassment in its tracks. If you would like further, affordable assistance in this matter, contact us directly.

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Answered on 12/05/05, 5:53 pm


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