Legal Question in Credit and Debt Law in California

I am a Korean citizen, I just received a certified letter in Korea from a collection agency based in CA. I had signed up for a cell phone plan and paid with my credit card. It was approved, they sent me the receipt showing that it was approved and everything. This all happened in the spring of 05, now six years later they are saying that the credit card was fraudulently used and I owe them over $800. Is there not a time frame in which they have to notify me in. Also they said that they are going to call the Korean police and report me if I don't pay. They can not provide any kind of itemized receipt showing the charges. I think it might be a scam but I am not sure. Does an American company have any jurisdiction to have people arrested in Korea. They have threatened me if I don't pay now. They are not even trying to negotiate. Is there anything that I can do to find out if this is a legit claim?


Asked on 3/29/11, 3:57 pm

1 Answer from Attorneys

Having people arrested for debt has been prohibited in American law since before there was a United States of America. It was abolished in England when the USA was still colonies. Also, in California, there is a 4-year cut-off for suing for a debt. A U.S. company can sue a Korean citizen in the U.S. for financial contracts made in the U.S. and the Korean legal system will assist in that process, but it would never be a police matter. It definitely sounds like this is a scam.

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Answered on 3/29/11, 4:03 pm


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