Legal Question in Credit and Debt Law in California
Old telephone bill Debt
I received a letter from a collection agency today -9/20/07 it stated I owed them $107.20 from 1997 about 91/2 years ago. I asked the lady to confirm it and she said it was originally through a california telephone service (old provider). She ask me to confirm my address and present telephone number. I told her I would not pay because I don't even have any records from that time. She said her office would seek legal action. I told she could not because its to old of a debt. I told her I refused and she said she would note it in her computer. Can they come back and seek a judgement agaist me with a debt this old
Original debt was in central California I live now in central,TN
3 Answers from Attorneys
Re: Old telephone bill Debt
The statute of limitation appears to have run. You may have a claim against the collection agency based upon a violation of the Fair Debt Collection Act. We would need to see the letter if you can fax it to us.
Re: Old telephone bill Debt
Unless they or their predecessor had a judgment against you, the answer is no, they can't sue you. I would send them a letter telling them that if they take legal action or even call you again, you would seek penalties under the Fair Debt Collection Practices Act.
Re: Old telephone bill Debt
If they send you a letter in the mail demanding payment for that debt, make sure it has all the info shown under section 809 of the FDCPA. http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
If they don't have that info they have violated FDCPA and you have a right of action against them. Further, if you do get that letter, be sure to mail them a written request within 30 days of the letter per sub section (b) of FDCPA sec 809.
Do not promise to pay. Tell them to cease and desist in contacting you. See section 805(c) of FDCPA (same link as above).
And... if she threatened legal action and they don't have the ability to follow through on it, they have violated 807(4) and 807(8).
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