Legal Question in Credit and Debt Law in California
collectors refusing to except offer of payment arrangements
I'm being sued for a debt owed to a credit card Co. Late in ''04'' I hired an attorney to handle setteling debts with my creditors, in the contract w/my attorney it was made clear should anyone call me directly to notify my attorny's office immediatly, whch I did. late in ''05'' A yr. later I was advised that my attorneys office closed and to recover monies that accumulated in my account (embezzeled) trough the State Bar, wich I did. I was advise to imediately make arrangements directly with the creditor handled by my former attorney. All crditors worked with me to make payment arrangemts that I could handle except ONE. I rec'd letters & phone calls asking me to make contact w/the collectors to ''make arrangements'' for repayment, I answered nearly every call and letter sent to me to ''make arragements'' like I did with the others, however this creditors interpretation of arrangements was a payoff the amount. I was told they do not take payments - later my case was bought by investors and handled by another attorney's office and they said they do not accept payment either but yet still geting letters to calls from them to make ''arragements'' . do you think I can site ''laches'' as a defence? the statute of limitations did not run out
1 Answer from Attorneys
Re: collectors refusing to except offer of payment arrangements
The statute of limitation on these kinds of debt collections is 4 years from when the payment became overdue and if no payments was made in the interim. I've had very good success defending against collections assigned to a collection agency. Feel free to contact me during the day and let's see if there's a way to get them off your back. By the way, you have 30 days from when you were served with the summons and complaint to file a responsive pleading.