Legal Question in Credit and Debt Law in California
One of my credit cards was charged off last year (last pmt was 3-09) and it looks like yet another law firm collection agency has sent me a letter. I request validation each time I get those letters and will do so this time but the difference now is that the law firm is in my own state (CA). I know that by requesting validation I am simply stonewalling them but (1) I cannot pay the debt and more importantly, (2) no one has ever shown me anything proving they are entitled to collect upon the deb T (which I always ask for as well). Will they be more likely to sue me since they are attorneys here in CA? Also, aren't I entitled to proof that they are legally allowed to collect on this debt?
1 Answer from Attorneys
Yes they must prove up the debt and the entitlement to payment. They are more likely to sue as in state attnys but they are really looking for a default, not a contest and trial. Hold them to the proof.