Legal Question in Criminal Law in California

Credit card chargeback

There were unauthorized transactions in my credit card. My ID and credit card were stolen/lost and someone ran around and had fun. I reported to my credit card company immediatly. Tje credit card company's fraud dept. did investigation and completed. I have a verification letter from them stating that I am cleared and all charges were credited back. The fraud occrued more than 2 years ago.

Recently, a merchant through a collection agency contacted me demanding money for $1200 plus interests. It was one of merchants involved in unathorized transaction. I did some checking and found out that the merchant and the collection agency is affilliated, owned by a same company.

I think he and his collection agency have no right to even contact me. Are they violating any laws or regulations? What should I do? I sent two letters requesting debt validation, Both letters came back with reason: no such address.

The collection agency told me they sent me letters demanding money, but I did not get any real mail. The only document I have is one letter via fax, demanding meoney, therening to sue, threatening that I don't pay or respond I will be sued, my salary and possesion garnished and ARREST!

Do I even respond to them anymore?


Asked on 5/12/04, 12:57 pm

3 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Credit card chargeback

It sounds like a scam contact the district attorneys office fraud unit and report it. Be sure to provide copies of the documents from the credit card company and the collection bureau.

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Answered on 5/12/04, 11:39 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Credit card chargeback

Have fun with them. Tell them that even though you were both the victim of fraud you're willing to pay some money to settle it anyway. Offer one dollar, to be paid one penny per year for 100 years.

Collection companies spend their resources to scare you and make you uncomfortable. Turn the tables. Have fun with them.

It boils down to this: You never entered into a transaction with that merchant. You owe him nothing. You tried to explain it in good faith. If he wants to keep harassing you, be absurd and make HIS life miserable instead.

Tell him you're going to see your uncle to see if he'll loan you the money to pay off the "alleged" debt. Tell him you'll call him after you visit your uncle. Then, when he's all excited, tell him your uncle is in Nepal and you won't be back for 16 months, but that he'll be your first phone call.

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Answered on 5/12/04, 1:19 pm
Terry A. Nelson Nelson & Lawless

Re: Credit card chargeback

Several options:

contact your credit card company with all that information and ask for their help in having these people drop the issue and make sure it isn't on your credit report. What they are doing is wrong.

Have an attorney contact these people and get them to straighten it out, under penalty of lawsuit for violation of the various debt collection laws they may be violating. Sue them if they don't clear your credit record.

Contact me if you need an attorney.

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Answered on 5/12/04, 2:10 pm


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