Legal Question in Credit and Debt Law in California

Sued in Small Claims Court

I received a summons to Small Claims court from a collection agency. They say I owe money on a credit card I do not recall having. I asked the plaintiff for proof of the debt, but they refused to provide it. Also, I was harrassed by telephone right after I had had brain surgery to remove a tumor. They got me on the phone, and insisted I do a 3-way call to my ex-husband and employer and friends, until someone agreed to give me the money to pay them. After talking to my ex-husband, they proceeded to get my ex-employer on the line, but I was crying and finally hung up on them. They also listened in and repeated back to me the conversation I had with my ex-husband. While they were allegedly on hold so I could have privacy to tell him the situation, they eavesdropped on our conversation. I also am very low income and have more going out every month then I bring in. How will I fare in Small Claims Court with harrassment, low income and failure to provide proof of debt as my defense?


Asked on 4/05/06, 4:09 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Sued in Small Claims Court

Unfortunately, if you owe the money and the collection agency legitimately holds the debt, then a court likely will find against you. You may have rights to bring a counterclaim under the Fair Debt Collection Practices Act.

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Answered on 4/05/06, 9:34 am


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