Legal Question in Credit and Debt Law in California

I am disputing a collections from a supposed debt from 2008 (they say 3/2009). I sent a dispute to the 3 reporting agencies and the collections sent me a package to "prove" I owed the debt;it shows 3 months of rent for a time we were no longer renting the space ( I suppose it was an early termination penalty?) This was not what I was told by the landlords would be applied nor did I see it in the contract. I was told they "may" charge an extra ONE month. Either way the large envelope they sent had the name of the collection agency written on it, stating it was from the "Credit Bureau of..."

Are they suppose to let people know that you are receiving mail from what others may know is a local collections agency? I thought the envelopes were suppose to be blank of names and logos that may give that fact away?


Asked on 6/12/14, 5:02 pm

1 Answer from Attorneys
Scott Jordan Jordan Law Office

No. The envelope can identify the company sending it.

If the debt was from 3/2009, you may have a good Statute of Limitations defense. In California, a creditor must initiate a collections action within 4 years of the debt owed. As long as you have not recognized that a debt is owed, you can tell the collection agency that you don't owe the debt and to stop calling you. If they sue you, you have a good defense and may be able to collect your attorneys fees for defending the case.

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Answered on 6/12/14, 5:17 pm


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