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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 2892
Experience:  30 years of experience
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I got into an accident without insurance and the person's

Customer Question

Hello I got into an accident without insurance and the person's insurance paid their bill and then sold the debt to a debt collection agency and they want me to pay an enormous amount of money to get on that payment plan otherwise they're going to petition with California to take my license I don't have a job right now because of injuries is abstained from that accident and I've been making $10 a month payment to them that's as much as I can right now because I have me to take care still have my daughter and my fiance and we need food so I can make it $10 payment right now until I get another job can they take my license
Submitted: 9 months ago.
Category: Legal
Customer: replied 9 months ago.
if they take my license can I sue them for trying to prosecute me for being poor
Customer: replied 9 months ago.
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Expert:  Gerald, Esq replied 9 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The police have the responsibility of filing a no insurance report at the time of the accident, a private party has no authority to do so.

If they have threatened any criminal or administrative action against in attempting to collect a debt they have likely violated the federal Fair Debt Collection Practices Act. The Fair Debt Collection Practices Act regulates and restricts debt collectors in the way they can go about collecting debts. Threatening and harassing you is a violation of that law.

These articles discusses the law in more detail:

http://www.nolo.com/legal-encyclopedia/california-fair-debt-collection-laws.html

http://www.nolo.com/legal-encyclopedia/damages-fdcpa-violations.html

https://www.law.cornell.edu/wex/fair_debt_collection_practices_act

Here is a link to the law:

http://www.federalreserve.gov/boarddocs/supmanual/cch/fairdebt.pdf

The law allows that you can sue for violations in local court. This means that you can bring an action in small claims court.

The court would have the forms that you need.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald