Legal Question in Credit and Debt Law in California
credit card debt
Diverde Data, Inc called my sister and told her that she's power of attorney on a fraud charge against me. I was baffled so I called them and they basically told me I had a balance due of $3500+ on a card that was opend in the 90s. I said that I do not recalled ask for supporting documentation. They sent me some that resemble a bill and basically note it as ''Reinstatement of Settlement'' for $1424.88. I'm thinking of writing back and tell them to send me actual documentation to prove that is is my debt. Is this okay?
2 Answers from Attorneys
Re: credit card debt
If this is a debt, which nothing has occured, including payment, for years, then they debt may be beyond the time limit. Your approach is sound.
Re: credit card debt
It appears that the collection agency is using an abusive method to collect a debt under the Fair Debt Collection Act and may be liable for damages and penalties. We would like to review the collection letter you received. Please contact us. You can ask for verification of the debt, but I suggest you do not make any payment unless an attorney reviews your documentation. The offer itself may violate the act. Is this the only letter you received from this collection company?
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