Legal Question in Credit and Debt Law in California

Hi-

A couple of weeks ago, I got a phone call from an irate man saying he was seeking legal action against me. He said he represented a rental car co. and that I owed them money from 3 1/2 years ago. I thought it was a scam as my insurance/warranties have always paid for my rentals but the guy had my license # and said my name was on contract Long story short I was able to connect this to an accident from 3 1/2 years ago from which I was rear ended and was the injured party. This driver's insurance State F---- paid my lawyer $7500 which covered all expenses-medical and car-I thought. I received $2500. I was on conference call when State Farm told the rental car guys that they were too late-claims expires at 3 years so they turned even more vicious on me! But before I found out they were suing me in small claims they tried to intimidate me saying Pay us our F---ing money B---- and other harassing comments and calls. I called my previous lawyer who said she would help me-we sent out a cease and desist letter- but I am wondering ...is she obligated to help me? Can I sue them for verbal abuse?

Thanks,

K.


Asked on 3/21/11, 11:15 am

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

Yes, you can sue for unlawful debt collection practices. Also, your liability insurance carrier has an obligation to defend and pay the property damage claim. Maybe your lawyer can write to State Farm threatening a "bad faith" lawsuit.

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Answered on 3/21/11, 12:42 pm


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