Legal Question in Credit and Debt Law in California

Creditors responsibility

I have a credit card with a major department store and I moved last

year. Since moving I did not receive a statement even though I

sent them a change of address and also informed my local post

office. They have since sent my account to a collection agency. I

have requested a statement from the store but they have not

replied, and the collection agency said that the store has no

obligation to send me a statement, even if I dispute the charges. I

can only remember charging about $50.00 and the bill is $255.00.

I want to pay my debts, but not any amount owed that I did not

charge. To keep my credit rating should I just pay even though I

believe this to be wrong.


Asked on 2/17/04, 11:14 am

1 Answer from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Creditors responsibility

No! A demand is essential for the recovery of a debt. If there has been no previous demand, they cannot recover.

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Answered on 2/18/04, 8:33 pm


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