Legal Question in Credit and Debt Law in California

perjury, extortion?

I was subpoenaed to small claims court by a collection agency, even though the debt had been paid and the statute of limitations had passed. This was regarding a septic certification on a house I sold in Feb 2002. Escrow shows it was paid to the subcontractor, and escrow says that the original company never submitted a bill.The agency knowingly falsified the date of the contract to be June 2004 on the subpoena. They did not appear in court. Who would I report this to, on continued harassment, false documentation, attempt to collect false debt, and defamation?


Asked on 7/14/08, 4:12 pm

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

Re: perjury, extortion?

You would sue them in federal court, using an attorney, under the Fair Debt Collection Practices Act (Google FDCPA). The Act provides for at least $1,000 in damages, and also your attorney fees, for behavior such as you describe. Watch out for legal time limits!

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Answered on 7/14/08, 8:59 pm


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