Legal Question in Credit and Debt Law in California
hi-
i hope someone can help me out on this.
my mom got a call today from collection agency saying about my debt that they are taking a legal action, and i should contact them by 12pm today in order to discuss it. My mom freak out and i got so scared.
So i called the number back to find out what debt they are talking about. Its a about the debt that i owe for my dental. The total that they say i owe was $1,131. it is true that i owe western dental some money but i wasnt aware that i owe them that much, im planning on giving them a call but they are close right now.
The problem that i have was, the person that i talk to say on monday they will file a legal action towards me to appear in court and it will be deliver by sheriff in 3 weeks from today.
He also say that if they take the legal action, i will not only pay the amount i owe western dental but with extra fees it will total to $4,032. Unless i can pay him a total of $715 by monday. To be honest i dont have that much money to pay him by monday. So i told him, if its possible if i can pay it in installment and he said no and he said he need the full amount by monday.
I have few question that i wish someone can help me out.
1. If it true that i owe western $1131, is it possible that everything will be okay if i pay them $731? Or is it like i have to pay them $731 by monday but i still have to pay the remaining amount some other time?
2. If i do end up paying that $731; what should i do to make sure that the money did end up paying off my debt and i my family wont have to receive any calls from them anymore.
3. Also is it possible for them to file a legal action where the sheriff will have to deliver the notice of court at my mom's house?
4. If im not able to get that amount on monday, is there any alternative way that i can pay off my debt that does not result in police showing up at my mom's house to deliver that notice and me in court?
hope someone can help me out.
thank you very much
2 Answers from Attorneys
This is a standard collection tactic -- to scare the wits out of one who might still owe money -- and get them to overnight money. Collectors receive a percentage of every payment they receive. They also run intra-office contests to see who could bring in the most cash each day.
Depending on when the charges were incurred (and if a lawsuit were to be filed), you might have defenses, including the statute of limitations. If a lawsuit were filed, they would have to serve you at your present address which should be the same as the one on your driver's license and/or voter registration.
If you make a payment plan directly with the provider rather than the collection agency, make sure to have it confirmed in writing, because some collectors have been known to pursue agreed and paid-down debts. Also, keep copies of each payment you make. Good luck!
In further response, you might check Wikipedia. The bank appears to have been placed in bankruptcy in October.
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