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Lucy, Esq.
Lucy, Esq., Attorney
Category: Business Law
Satisfied Customers: 27196
Experience:  Attorney
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I went into a cash advance store 6 years ago and gave them a

Customer Question

I went into a cash advance store 6 years ago and gave them a check post dated and it bounced. I went to pay them cash 60 days after that and the place would not accept the money and said my account went to collection. Now 6 years later a arbitration company/collection agency is trying to collect over $800.00. The company is threating
taking me to court. The man I talked to would not email me any copies of the account.
what should I do and can I negotiate a settlement ?
Submitted: 5 months ago.
Category: Business Law
Expert:  Lucy, Esq. replied 5 months ago.
Hi, I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation. The statute of limitations on a breach of contract in California is four years. If you wrote the check six years ago and have lived or worked in California ever since, it is too late for them to collect a single penny. It's a violation of the Fair Debt Collection Practices Act to refuse to send you copies of account documentation, and it's a violation to threaten to take action that legally cannot be taken (such as filing a lawsuit on an expired debt). Each violation is punishable by a penalty of up to $1,000, and you can let them know that you'll be suing if they ever contact you about this debt again. Debt-related communications are best sent in writing, via certified mail with a return receipt. This sample letter may be helpful. However, it's illegal to record a conversation in California without the consent of all parties, so the last sentence doesn't apply in your state. Here's another sample letter that could help: If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
Expert:  Lucy, Esq. replied 5 months ago.
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