How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask legalgems Your Own Question
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 8715
Experience:  Just Answer consultant at Self employed
63726236
Type Your Legal Question Here...
legalgems is online now
A new question is answered every 9 seconds

On Jan.8, 2016 I received a check from a Chase Bank for

Customer Question

On Jan.8, 2016 I received a check from a Chase Bank for $6,684. Stating we apologize because we may have overstated your interest charges/or fees while your account was in collections litigation. Refunding $5,34705, the amount you may have overpaid. Adding $1,336.95 for the inconvenience. We'll report taxable portion to IRS. I deposited it into my Chase account checking. Not understanding where it came from. I figured I let it sit for a month without spending a penny; until I knew it was good. Then on Jan. 12, 2016 I received a letter fromHarris Law Group. Their offices represent ANNEX FINANCIAL, The Assignee of the Judgment entered against you in LA Superior Court awarded to Bank of Delaware, NA on 01/23/2006. ANNEX is renewing the Judgment and current amount of $12,180.92 and accrued interest to date in the amount of $12157.60 is now owed and due to ANNEX.
This letter shall advise you we will pursue this debt legally to the full extent of the law. Seizing property garnishing wages, bank accts. Any legal fees. We must hear from you within 30 days , we will proceed further legal acct.
We never received a letter of judgment 10 years ago. They never served me notice. They did send bills in the mail. I explained it was my mom's account & she passed away. I believe the bill was under $3,000, at the time; I sentm them her death certificate. I also had a card under my name with the purchases for her. After all these years how can this happen? I don't mind paying what she owed and of course what they sent me the $6,684. Good grief; I don't have much time to figure this out, before all hell breaks loose. Thanks for any advise you can give me, Rose Neumann
Submitted: 1 year ago.
Category: Legal
Expert:  legalgems replied 1 year ago.

A few minutes please as I look into this.

Expert:  legalgems replied 1 year ago.

First, here is a link to CA website, so that you can search the name of the attorney on the letterhead/correspondence:

http://members.calbar.ca.gov/fal/membersearch/quicksearch

If there is no attorney listed, that means that person is not licensed to practice in the state.

Also, a relative is not responsible for the debts of a decedent, unless they co signed on the loan, or otherwise assumed the loan. A legitimate creditor would have submitted a claim to the probate court or the personal representative/trustee of the estate. Many creditors will be very pushy and try to get the heirs to pay- a violation of the Fair debt Collection Practices Act, which imposes a $1,000 fine per incident.

Information on the Act here:

http://www.consumer.ftc.gov/articles/0149-debt-collection

and

here: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

It is also a violation to make false statements; so if a judgment was never entered, that would subject the company to the $1,000 fine aforementioned.

While judgments are good for 10 years and renewable, the court would have a record- or the consumer can request from the collector a copy of the judgment.

If they are not legitimate, and one mentions the Act, and the $1,000 penalty, they will generally stop contacting the consumer, instead spending their time to find someone unaware of their legal rights and the protections under the Act.

It is very important to never give out personal information to unknown third parties as that may result in ID theft.

--------------------------------------
Here is a link to locate an attorney:
http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm

Should you have further questions please post here to continue our dialogue. Otherwise,

kindly rate positively

as I am an individual contributor and rely on positive ratings to receive compensation for providing the requested information - this does not result in additional charges to the customer, but rather allows the site to credit my account a percentage to compensate me for my time.

THANK YOU!