Legal Question in Credit and Debt Law in California

Debt not verified - Can they charge me interest and service fees while I appeal?

I allegedly have a debt on a sold visa account but the law firm handling the case has not been able to actually provide me with sufficient evidence that I owe. Basically, I moved in jan 2001 and since then, i have not gotten any statements from my bank. I called to make an address change however, the change never went into effect. A year later, my balance has accrued interest and service fees. The firm has sent me the last two statements showing the total due however, they are unable to offer the missing YEARs worth of statements for 60-90 days. Are they allowed to continue tacking on interest and service fees while they look up the information? Should I send a letter and what should it say? So far, they are being helpful and courteous but i'm afraid it's not going to last long. There are suspicious transactions and errors on the statements as well.


Asked on 11/19/02, 8:51 pm

2 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Debt not verified - Can they charge me interest and service fees while I app

You may have a case against the collection company. Please contact me for free consultation.

Read more
Answered on 11/28/02, 12:13 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Debt not verified - Can they charge me interest and service fees while I app

If there is an underlying valid debt, ordinarily, you are responsible for interest accruing during your dispute. It does seem, however, that in order to establish any indebtedness it would be necessary for them to prove the actual debt. If they are demanding more, you'd not be liable for interest during that time.

Read more
Answered on 11/20/02, 5:58 pm


Related Questions & Answers

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