Legal Question in Credit and Debt Law in California

Credit Card Debt Collection by Law Firm without proof of debt

As of Jan 5, 2001, the last bank statement I have recieved for my Visa card,I had a CREDIT balance.. that is, I owed no money. I have just been notified a few days ago via voicemail that a lawfirm has gotten ownership of my VISA account from my bank and is now asking for payment on my account. I have contacted my bank and they have stated that they are not allowed to divulge any information regarding my account to me. The lawfirm that is handling the collection is less than responsive and gives me the runaround and states that they have no records of my spending post October 2000. I have requested proof of debt in writing to the law firm. Am I legally bound to pay a debt from more than a year ago if they can't provide proof that I owe?


Asked on 5/10/02, 6:55 pm

2 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Credit Card Debt Collection by Law Firm without proof of debt

They cannot make you pay for something one day old without proof.

They may be violating Debt Collection laws, but I would suggest that you send a letter by certified mail to the law firm demanding proof, and a demand that they stop harrassing you until they provide such.

If they persist, you may need some professional help.

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Answered on 5/11/02, 10:59 am
Larry Rothman Larry Rothman & Associates

Re: Credit Card Debt Collection by Law Firm without proof of debt

You may have a case against the creditor and lawyer under the Federal and State Fair Debt Collection Act. Please fax me any documentation you have to 714 363 0229 and I will provide you with free consultation.

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Answered on 5/10/02, 7:13 pm


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