Legal Question in Credit and Debt Law in California
Debt Collection
I have an account with sam's club credit, which I have not received a bill since 7/2006. 11/19/07 I get a call from a collection agency trying to collect on $752 charged at Sam's Club on this account. I called Sam's and requested the statments to prove if I charged this or not. The address on the statements is not mine and I did not authorize or send a change of address. The debt is not reflected on any reporting bureau and I never received a call from sam's club trying to collect this debt. The collection company does not have my social or my correct address. What should I do? I tried to contact Sam's but they will not talk to me because the account is in collections.
2 Answers from Attorneys
Re: Debt Collection
I would send a letter to the collection agency and maybe Sam's, but they are probably out of it now. I would have the collection agency "certify" the debt, which they probably didn�t. The letter should stop all collection efforts if the debt does not come back to you.
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Re: Debt Collection
You need to send a letter to Sam's Club and the collection agency explaining that you do not owe the debt. If you hire an attorney to send the letter, they cannot contact you any more. If they put a mark on your credit report after the letter I would recommend a lawsuit, probably in small claims court. However, sometimes a company goes crazy and really asks for a lawsuit in civil court, which I am glad to give them.
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