Legal Question in Credit and Debt Law in California

Treble Damages

In 1998 I had a check go NSF and I started making payments on it to pay it off. From December 1998 to October 2000 I have been making payments on time as agreed. The collection agency contacted me in Oct 2000 and said that I have to make the next payment in full, (pay off remaing balance), because they found out that I was applying for a V.A. Home Loan. There was never any agreement that I couldn�t open any other lines of credit while the account was still in collection. I couldn�t make the payment in full at the time so now they want to charge me with treble damages. I agree that I should pay off the remaining balance on the principal, but can they now charge me with the treble damages after two years of making payments to them on a regular schedule? Is there any statute of limitations on treble damages? If so can you refer me to a civil code?

Also, They have violated California Civil Code Section 1788.12 (b) and (d). This violation is also described in The Fair Debt Collection Practices Act. In an attempt to collect the debt, the collection agency made contact with a third party without prior consent from myself and without permission from any court.They did disclose personal information with the thrid party.


Asked on 8/30/01, 4:56 pm

2 Answers from Attorneys
Alexander Trueblood Trueblood Law Firm

Re: Treble Damages

The debt collector is subject to suit and liability for their violations. There are somewhat tricky notice requirements in the bad check statute before a debt collector can claim treble damages. You should have a consumer attorney check their letters out for compliance. You can give my office a call at 310-443-4139 if you like. See also www.truebloodlawfirm.com

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Answered on 9/30/01, 10:03 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Treble Damages

Thanks for your email. You might want to take a look at California's Civil Code section 1719, which allows collection of up to three times the amount of the check, if there is a demand for payment in full via registered mail, and 30 days to allow the person to make payment. Your question is somewhat tricky, though, since you may have other violations involved, and you agreed to pay, and then THEY went back on the agreement, not you. You may want to call me at 1-877-568-2977 or email me with more information and I can give you more options.

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Answered on 10/01/01, 12:39 am


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