Legal Question in Credit and Debt Law in California
I am dealing with a collection agency. I was told that the payment that I made today, October 1, 2010, was going to be my final payment. I get a phone call saying that I owe another $298. I asked for a statement showing my beginning balance and my credited payments and they won't send me one. What are my rights for this? I'm not objecting to the debt, I just want to make sure that I'm not being scammed in any way.
2 Answers from Attorneys
Rule Number 1 is to never admit to the collection agency that the debt is valid.
Rule Number 2 is to always get the validation of the debt BEFORE making any type of payment.
The debt collectors will, literally, tell you anything that they think will get the money from your pocket into theirs. Most, if not all, are paid on a percentage of what they collect. Make them prove their entitlement before agreeing to anything.
Now that you have made a payment, which may have waived several possible defenses, I would suggest thatyou send a debt validation letter. You can find a number of samples at various sites on the web. Basically, you are stating that you do not agree that you owe the amount alleged and that you want written confirmation of the alleged debt and amount due.
Once that comes in you should have your answer. Otherwise you can tell them to file suit and they will be forced to produce the documents in court.
Good Luck.
You are definitely entitled to get a copy of your full pyament history. Insist on that, or threaten to reoprt them to the Dept. of Consumer Affairs. Or sue them in Small Claims court for fraud.