Legal Question in Credit and Debt Law in California

DirecTV using collection agency for debt due to company error.

I closed my account (after fulfilling my contract) with DirecTV several years ago when I moved out of my apartment and to a new city. I have not had any type of service from them since. Recently, I received a notice from an Utah collection agency about a debt to DirecTV + legal fees for the agency. When I disputed the claim and I received my account balance, showing that DirecTV failed to close my account and continued charging my credit card for almost another year, even after my credit card expired (which incurred penalties to my DirecTV account). I disputed the claim to DirecTV, but have not heard back from them after a month. How should I proceed? I do not want to settle since this debt and legal fees are attributable to a company error.


Asked on 5/15/06, 4:10 am

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: DirecTV using collection agency for debt due to company error.

Something like this happened to me once when I accepted one of the those balances transfer offers from a credit card company. I changed my mind and returned the balance transfer check. However, they kept billing me for the transaction fee. Finally, I sued them and the collection agency in small claims court. We settled when the credit card company agreed to reduced the balance to zero and agreed to clear up my credit.

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Answered on 5/15/06, 9:38 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: DirecTV using collection agency for debt due to company error.

Check your credit reports. If on the credit reports, write to all three disputing the charges. Also save whatever documentation you have to show that the debt is not yours in case they file a lawsuit. If it's more than 4 years since you last made a charge and paid, then it's uncollectible because of the statute of limitation.

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Answered on 5/15/06, 9:39 am


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