Legal Question in Credit and Debt Law in California
We sold our truck 4 years ago and the buyer never registered it. He got in an accident and now Progressive Insurance is trying to get us to pay, threatening wage garnishment and arrest. We sent a NRL in 2007 but have to wait 4-6 weeks to get a copy from DMV. Isn't Progressive violating the Fair Debt Collection Practices Act? Especially since it is not our debt!
1 Answer from Attorneys
Unfortunetly - Progressive is not subject to the FDCA. This is not considered a consumer debt. That said, let me ask - did you have insurance at the time? If so then turn it over to your carrier and ask them to deal with it. If not then stad strong - if Progressive sues you may need to hire and attorney to protect your rights. This is a good reason to use certified mail when you sell a car and need to report the sale to DMV. That way you have proof that you complied with the statute.
Good luck.
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