Legal Question in Credit and Debt Law in California

i have been contacted by an agency in reference to a credit card from 2001..i don't rememebr the card and asked for something from the credit card company so as to make sure it was mine...all they sent me was a payment agreement listing the credit card company name and acct number and the amount owed. i do not hink this is sufficient. What do you think? also, they threatened to garnish 30% of my wages, can they do that? if i do set up a payment agreement they want my debit card number, but i am not comfortable with that so they said they will take me to court. What can i do?


Asked on 8/30/10, 12:57 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Do not pay them anything, and do not offer to pay them anything. The debt is too old to be legally collectible (they won't be able to garnish your wages unless they sue you and you don't respond). If you pay them or offer to pay them, you could reset the clock and give them the right to sue you again. Best not to speak to them at all.

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Answered on 9/04/10, 2:54 pm

Mr. Stone is correct. I would add that anyone trying to collect a debt that old is either in HUGE violation of the fair debt collection practices act, or a con artist trying to get personal information to rob your bank account(s). If you hear from them again, call the police.

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Answered on 9/04/10, 6:01 pm


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