Legal Question in Credit and Debt Law in California
Debt Collection
I have been contacted by some law firm by generic looking letter saying that they represents a collection agency who has been trying to collect credit card debt from me (which they have. They used to call me every other day wanting to verify my SS# which I used to hang up on them telling them they have wrong number). If this is mine.. it is more than10 yers old.... I think.. I don't recall carrying this credit card but maybe I did. But so long ago... if I did.. This does not even appear on my credit report... However, I am little intimidated by this action... What can I do? I want them to stop harassing me... Please help!
3 Answers from Attorneys
Re: Debt Collection
If the debt is that old and you haven't made payments in the past 4 years (and no co-debtor has made payments) AND there is no lawsuit and judgment involving the debt, it's likely to be uncollectible. Save the letters in a cool dry spot in case you should ever need them.
Re: Debt Collection
1. Send them a letter demanding verification of the debt. You can find a sample at my blog, www.californiadebtblog.com.
2. If they do not provide verification, just ignore them.
3. If they do provide verification, you will know what the date is and you can determine whether the statute of limitations has expired. It is 4 years, generally, in California.
4. You can skip steps 1 through 3, ignore them completely, and see if they sue you. At that time, you may need to retain an attorney.
Re: Debt Collection
You may have a case against the law firm and collection agency under the Federal Fair Debt Collection Act. We would have to review the letter you received to see if a violation occurred. Please call me if you have any more questions.
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