Legal Question in Civil Litigation in California
Hello and thank you...I don't know what the legal term for this is...a large company invoiced me for FALSE fees and charges that they KNEW were not valid but tried to pressure me to pay them anyway by threatening to send me to collection...then when I did not pay they did send me to collection and now I am being harassed by collectors...this company KNOWS the debt they are trying to collect from me is not valid....is this considered fraud?? Thank you!
2 Answers from Attorneys
You'd have to PROVE they knew it was false. Just saying so and denying the claim is not proof. When they sue you to collect, you'll raise those claims and issues and try to prove them in court.
That may be a fraudulent business practice, but it does not rise to a civil claim for fraud. It gives you some defenses, but I suggest you speak to an attorney, and possibly dispute the debt under the Fair Debt Collection Practices Act.
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