Legal Question in Credit and Debt Law in California
Criteria for Treble Damages
I was recently contacted by a Collection Agency and threatened with criminal proceedings if I did not pay $1,500 immediately via Western Union for a 5-year-old debt to which treble damages had been assessed. I was never contacted before treble damages were sought and did not know this debt was outstanding, except through this one and only phone call. I have been at same address and phone # for 11 years, so it wasn't like I was unreachable. I paid the $1,500 to stay out of jail but, due to the sloppy way collection was handled, I do not feel any obligation for this debt at all . . . and I want my money back!
3 Answers from Attorneys
Re: Criteria for Treble Damages
You may be able to get a refund and have a claim against the collection agency if the facts as to you relate them are true. Please fax me the documentation to 714 363 0229 and your phone number and I will provide you with free consultation.
Re: Criteria for Treble Damages
Depending on what the debt was for, the statute of limitations had probably run after 4 years.
While you may not be able to "get your money back", the collection agency may be liable for violation of statutes concerning what collection agencies can say, as well as some tort causes of action.
Re: Criteria for Treble Damages
You were suckered by collection predators. No one
is charged criminally these days or jailed
for failure to pay a debt in modern day America.
Debtors' prison was a feature of our Colonial
history which was forever abolished with the
adoption of the Constituion in 1789.
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