Legal Question in Credit and Debt Law in California
I am an employee of a California public school district. A text book publisher contacted us and sent text books to our school to my attention to review. They demanded we pay to return their texts, and we finally did. We have proof from UPS that they signed for the texts. They are still demanding payment for the texts and turned the invoice to collections. The collection company closed the case because we proved that the publisher received the returned texts. Now the publisher has sent me personally to collections and reported this to the credit reporting agencies. Can they legally collect a debt from an employee of a public school when I ordered nothing and purchased nothing and returned the texts. They called the school and asked us to review the texts saying nothing about having to pay for them or pay to return them. Thank You.
2 Answers from Attorneys
Sounds like a violation of the Fair Debt Collections Practice Act.
I agree with Mr. Brainard. First of all, you returned the texts, so there is no debt owing. Next, as an employee, you are not normally personally liable for actions you take in your official capacity as an employee of the school. I think you should hire a consumer law attorney and counter sue the publisher for damage, attorney fees and costs.
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