Legal Question in Credit and Debt Law in California

Credit -Collections

A collection representative sent me a very threatening letter in late 2006, threatening to sue me and put me in jail. They finally did sue me in Sept.2007. I had the default judgment set aside and filed a Motion to Dismiss, but it was denied. The Judge did tell the plaintiff that the threatening letter ''certainly would be an issue during the trial stage in a Motion for Summary Judgment''. I want to know if such a motion would work, relying on the threatening letter as the basis, and how much it would cost to draft a motion?


Asked on 2/09/08, 8:38 pm

1 Answer from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Credit -Collections

It might be an issue, but only if you filed a cross complaint for FDCPA violations. Without that, it is a non-issue.

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Answered on 2/09/08, 9:26 pm


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