Legal Question in Credit and Debt Law in California
How to respond to the final notice of a collection agency?
I got a mail of final notice from a collection agency, which states they will file a potential suit agaist me if I don't pay the amount.
The agency is trying to collect loss of property damage($12000) which I don't think I am liable for. It is my neigbor's property, they repaired it and claimed the loss from a house insurer, then the insurer submitted the case to a collection agency.
The damage was caused by flooding from plumbing (I am upstairs, the neighbor downstairs, in a duplex condo) during a raining season and their vacation outside. They suspect we dumped construct material to the plumbing when remodeling our bathroom, but we didn't.
The agency sent me a few mails before, I replied in writing to request them stop contacting with me unless they provide evidence showing my liability. I didn't receive any evidence except for bills of repair cost. Then I got the final notice.
Questions:
1. How can I respond to the notice? Ignore it or reply it?
2. If reply, what should I state in writing?
3. If they file a suit, what is the possibility I win? I mean they don't have evidence showing my liability.
4. If I win, can I claim the return of my time loss and attorney fee from the plaintiff because of the suit?
2 Answers from Attorneys
Re: How to respond to the final notice of a collection agency?
Your questions are too numerous to answer thoroughly here in writing. However, you definitely have strong rights here and the collection agency MUST validate the debt for you in writing, upon your written request, or be liable under the FDCPA laws in place protecting you. Our Law Firm specializes in this area of the law and have helped over 400+ clients with cases similar to you own, in 2005 alone. If you would like a free phone consultation, contact us directly.
Re: How to respond to the final notice of a collection agency?
Prudent homeowners and renters buy insurance to deal with liability claims. If you do have insurance, you need to contact your carrier. If not, then you assume the risk that you could be sued. Write the collection agency a letter by certified mail/ return receipt within 30 days saying you dispute the claim. Then if you get sued you will need to hire a lawyer. If there is a responsible third party, you will need to sue them or make a claim against their insurance.
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