Legal Question in Credit and Debt Law in California

Debt Collections

MCM listed a debt on my credit report.

MCM re-qged and inflated the debt 4 times the amount owed.

The debt is out of CA SOL and due to fall off from the OC in June 09.

I disputed it with the 3 big Credit reporting agencies.

One deleted it, one verified it and one request more info from me.

The next day MCM called me.

I sent a CD letter by Certifed mail. In it I included:...

As a result I must insist that you:

-Delete any and all records of this alleged debt from your system

-Do not contact me any further by any means whatsoever

-Do not sell, transfer, assign, or share any information about me or this alleged debt with anyone else

-Do not provide me with a IRS form 1099-C

-Do not report this false information to any of my credit bureau repositories

-Send me a signed letter that releases me from further obligations

Was this a good thing to add?

I mean they can't prove it is mine and it is out of CAL SOL.

Can MCM still sue on this debt?

Don't they have to delete it?


Asked on 5/22/08, 2:36 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Debt Collections

I would write you a letter of recommendation to law school, except what you have outlined is the "B" strategy.

The "A" strategy is to not demonstrate your ham lawyering skills, to let them think you are a dummy, and to stand back and let them sue you on the SOL debt. You then defend the lawsuit, using a lawyer: you win because the SOL is up, and maybe also because they can't prove their case (they don't have a copy of the original agreement, bearing your signature, for which your lawyer served a demand for production under CCP 2031.010).

If they come up with a copy of the original agreement, or you have a copy, you claim attorney fees under CC 1717, this is how your lawyer gets paid. Then, your lawyer sues on your behalf for FDCPA violations and malicious prosecution. So you make money, your lawyer makes money, your case is handled by a lawyer instead of in pro per, you are off the hook for the debt, and the CA gets bupkis.

You deal with the credit report stuff later on, after you've won your case on the debt (the CRA has to then delete it). Class dismissed. Questions?

Read more
Answered on 5/22/08, 3:03 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California