Legal Question in Credit and Debt Law in California
Notice Required Prior to Filing Collections Action
In many areas of consumer and credit-related law, certain notices must be given to a creditor or debtor before a lawsuit can be filed to enforce a party's rights. Under California law, must the creditor make a final written demand on the debtor for payment before filing suit where the debt exceeds the small claims limit, was between two social friends, is proved up by written documentation, but has gone unpaid for six months after the promised repayment date, and initial demands by the creditor to the debtor for payment which were ignored?
2 Answers from Attorneys
Re: Notice Required Prior to Filing Collections Action
no "final" notice is required.
JOEL SELIK
Attorney at Law
800-894-2889
760-479-1515
702-243-1930
Licensed to Practice Law in California and Nevada Only
CONCENTRATING IN ELDER ABUSE, LITIGATION AND COLLECTIONS
Personal Injury, Contracts, Tax Matters, Business,
Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home Malpractice
Real Estate, and Other Legal Matters
This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.
We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.
Re: Notice Required Prior to Filing Collections Action
The reason for a pre filing demand may be because it is required by contract, or for the recovery of costs. Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.
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