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CalAttorney2
CalAttorney2, Attorney
Category: Bankruptcy Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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There has been this mail that i am getting each year since

Resolved Question:

There has been this mail that i am getting each year since 2012. It is from a collection agency and the creditor is paypal. in 2012 i transfered funds to my friends bank account without verifying it through paypal, by that i mean the bank account, so he got the money and later on he opened another dispute and he got same money again. There is no proof, as paypal claims the bank was not verified so they can not chase or track it. Cut the story short, the paypal account was not under my name, and i never provided any Tax id, or SSN, even the address is wrong. so they began to send me a letter which goes to an old address that i have. They just have my first name and initial of last name. even the phone number has been disconnected long time. I get this stupid 30 day notice every year and nothing happens! no claim on my credit report nothing. So my question here is do i have to answer or reply to this email, as my name is ***** ***** on the mail and not even the address or should i just ignore. Can they look up for my bank account or anything, there is nothing on my record showting they can follow, I changed my address long time, completely different phone number etc. please advice. it seems like a bogus mail i get time to time. and sometimes even i get it way after that thirty days notice.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,
Thank you for using our forum. My name is ***** ***** I hope to assist you today.

Expert:  CalAttorney2 replied 1 year ago.

While I do believe that the creditor likely has at least a potential legal claim against you for the money (you did make the transfer, and you did not set up the account correctly), the only way that they can enforce the claim is by actually suing you to do so - in which case they would have to prove that you were the person who set up the account, that you were responsible for the mistaken transfer, and that you were responsible for repaying them.

Until they actually do all of this, there is nothing they can do to enforce the debt (they cannot use any form of judicial enforcement - wage garnishment, bank levy, liens, etc.; and as the account was not set up properly - no social security number, no bank account, etc. - they cannot make a report against your credit).

So, you can continue to wait until they actually file a lawsuit against you. Currently time is on your side - the statute of limitations is running against them, (you can argue fraud is only 2 years, breach of contract is 4), so they are very close to being unable to enforce this at all - even if they tried.

Customer: replied 1 year ago.

shall i reply them or just ignore, i guess i will ignore it for now,

Expert:  CalAttorney2 replied 1 year ago.

If you continue to ignore them, you can play the odds and hope that they miss the statute of limitations.

But, I cannot give you legal advice or strategic advice on the forum, we are strictly limited to providing "general legal information" on the site. A local attorney can provide you with a formal opinion and advise you on strategy specific to your situation after reviewing all of the information relevant to the matter.