Legal Question in Credit and Debt Law in California
Debt collection agency - debt I do not owe
I received a letter from a debt collection company in California, in which they claim that I owe an insurance company in California 1200$ for an automobile accident I caused on August 12, 2005. However, I have not been involved in any accident and I moved from California to Massachusetts in September 2004 and haven't been there since then.
As I understand I should write a letter to the debt collection company disputing the debt.
Is there anything in particular, I should mention in the dispute letter? And if they still decide to pursue with the collection, what other options are available to me?
Are there any other agencies that I should contact (DMV of California or could it be a case of identity theft)?
Would it be wise to contact the insurace company and explain them that there might have been a mistake?
Should I contact an attorney?
Thanks.
2 Answers from Attorneys
Re: Debt collection agency - debt I do not owe
in a nutshell, you should DEFINITELY consult with an attorney ASAP. this will provide your best lines of defense and proper correspondence with the creditors at issue under FDCPA laws that are firmly in place to protect you against unscrupulous creditors. an attorney will put an end to this nonsense for you, very efficiently and effectively. if you would like further assistance, contact us today.
Re: Debt collection agency - debt I do not owe
A number of unethical collection agencies have started taking advantage of confusion over the new bankruptcy law changes to try to collect debts from the wrong people or where the statute of limitations has passed.
You should send a certified letter, return receipt to both the collection agency and the insurance company. Get the insurance company's correct address from the state agency that licenses insurance companies. If it is an out-of-state agency, it will have designated a resident agent to receive such papers. Deny that you were involved in any accident in California to the best of your recollection and demand verification of the accident and the identity of the person who caused it, including the causer's social security number, address, the kind of motor vehicles involved, the names and addresses of all witnesses and victims, and the details of the accident, preferably with a copy of the accident report and any police report. Also request information of any litigation: court name, docket no., name of case, date filed, date of judgment, amount of judgment.
You should conduct your own investigation, at least to the extent of checking with the local police, if you know where it supposedly happened, and the DMV.
If you get no answer or it appears to be a case of incorrect information or possibly identity theft (unlikely if you have not had unexplained charges on credit cards or store charges or loans), you should hire a CA lawyer to resolve it.