Legal Question in Credit and Debt Law in California

''Restructuring'' company trying to extort money

I just received a credit notice today in regards to a DSL account I had in 2001. I had the service for approximately 6 months and when the business venture fell through, I took the modem and a letter of intent to the ISP I had been dealing with. A few months, maybe a year later, I received a phone call from someone at the ISP stating that I had not returned the modem. I talked to them and told them the story of when I brought it back and who I gave it to. They did some checking and everything was fine...I thought. Today (Feb 24, 2004) I receive a letter from a Credit Service stating that I owe almost $700 for the modem. I tried calling the credit company and there is just a machine. When I looked up the DSL company, I notice that the company I dealt with, LMKI, was bought out by a company called Myrient. I looked up Myrient's website (www.myrient.net) and it looks like they are going through bankruptcy proceedings.

I no longer have the modem, and I have no idea of where ANY paperwork regarding this mess would happen to be. What are my rights in this and where does the burden of proof lie?


Asked on 2/24/04, 6:35 pm

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

Re: ''Restructuring'' company trying to extort money

Write the collection agency back within 30 days and tell them that the debt is disputed, that you do not owe the money, and stop sending dunning letters. Use a search engine to find sample letters, i.e. go to google.com and type in Fair Credit Billing Act Dispute Letter. Remember that the FCBA requires that your letter have certain "magic words" that must be in your letter in order to enforce your rights under the act.

Read more
Answered on 2/24/04, 11:15 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California