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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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i closed my auto repair business 4/1/10 contacted rubatino

Customer Question

i closed my auto repair business 4/1/10 contacted rubatino garbage pick up on closing business recieved letter on 3/25/13 saying i owe 1774.67 last payment 5/9/11 i wasnt even there at that time i have my pay stub showing i started working for another company from 4/1/10 till present dont know what to due someone told me about statue of limitations law its been 3 years not a letter till now from collection agency i dont feel i should have to pay i was in lease with 2 other companys could they have reopened my account under my name and kept paying till 5/9/11 then quit also i cant see i have to pay there garbage bill if not there any idea what to do have 30 days to contact collection agency thank you andy
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thanks for your question.

If you were not using their service, you certainly are not responsible to pay, especially when you notified them that you were closing your business down.

Can you tell me more about how you notified them that you were no longer going to be in business at the location?

Have you contacted the actual garbage pick up company to ask what this is about?
Customer: replied 1 year ago.

no i have not contacted them yet due to when i had my business and turned them over to collections the customer would come to me and i would tell them its out of my hands call collection agency... i notified them via phone call someone was using the dumpster because collections said last payment was on 5/9/11 i was out 4/1/10

Expert:  Zachary replied 1 year ago.
Thank you for your response.

First, the original holder of an account can always stop a collection by informing the debt collector that the account is settled or was invalid when transferred for collection.

You need to inform the garbage company of the same.

You do this by sending a certified letter to the debt collector telling them that (1) the debt which they are attempting to collect is invalid as it is for an account which was cancelled with the garbage company on ______(date); (2) the garbage company failed to close your account and must have carried it over to the next occupier of the premises, which is not your responsibility; (3) they need to immediately stop all collection efforts and stop contacting you. If they do not, you will sue them under the FDCPA (Federal Fair Debt Collection Practices Act).

Copy the garbage company on this letter.

In the end, the only way to stop a false collection is to (1) allow the statute of limitations to run (which is 6 years in Washington State); (2) dispute and allow the collector to sue and then you defeat the claim in court; or (3) you file a FDCPA claim and a Declaratory Judgment action which proves that you do not owe on the account and that they are wrongfully collecting.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN



Customer: replied 1 year ago.

so send letter to collections telling them about fdcpa and quit contacting me and send similar letter to garbge company

Expert:  Zachary replied 1 year ago.
Yes.

Just copy the letter from the collection company to the garbage company. I would wait about 1 week after delivery and call the garbage company and demand that they straighten this out immediately.
Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience: Lead trial/International commercial attorney licensed 11 yrs
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Customer: replied 1 year ago.

ok thank you for your help

Customer: replied 1 year ago.

Hi i did what you said and recieved letter yesterday saying sorry for the troubles and that debt is cancelled, and will not here back from them said check my credit report in few days should be cleared up if not contact them and they will fix. thanks for your help andy

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