Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I just a phone call from a collection agency stating i owe…

Hello my name is...

Hello my name is ***** ***** just a phone call from a collection agency stating i
owe 2800 with interest for a purchase 17 years ago can this company do that i never recieved anything in the 17 years about it

Lawyer's Assistant: What state is this in? And when did the issue begin?

California

Lawyer's Assistant: What steps have you taken so far?

They just called me so im not sure what to do

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have 24 hours to respond otherwise the jusdgement will be filed

Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
3/23/2018
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Legal Question

I am sorry to hear this;

are they asserting they have a judgment, or they will file a lawsuit?
Have you received a summons from the court?

Has payment been made on that debt?

Ask Your Own Legal Question
Customer reply replied 1 month ago
they claim they have a judgement on hold for 24 hrs before filing and i have not recieved anything from anyone in the last 17 years and just a phone call this morning and yes supposedly i made a year of payments

It is not possible to place a judgment on hold.

In order to get a judgment a plaintiff needs to file a complaint and then serve that along with the summons to the defendant.

A specific court and a specific case # ***** be assigned to that case.

Section 337 of the CCP provides for a 4 year statute of limitations for a written contract, so if the debt is based on a written contract and the breach was longer than 4 years ago (no payment) then the statute would have run and that is a defense.

This explains the consumer protection laws per the Federal Fair Debt Collection Practices Act -

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

which may result in a $1,000 fine to the collector for each violation.

Please see specifically these prohibitions:

False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:

  • falsely claim that they are attorneys or government representatives;
  • falsely claim that you have committed a crime;
  • falsely represent that they operate or work for a credit reporting company;
  • misrepresent the amount you owe;
  • indicate that papers they send you are legal forms if they aren’t; or
  • indicate that papers they send to you aren’t legal forms if they are.

Debt collectors also are prohibited from saying that:

  • you will be arrested if you don’t pay your debt;
  • they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
  • legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.

As such, if the collector is violating the FDCPA generally they will stop contact if the consumer indicates they are aware of these protections.
Also the consumer can request a validation letter proving the debt- once requested the creditor cannot make further contact until that has been provided (other than filing a summons/complaint).

There are "fake collectors" that don't really have a basis for collecting and that too is prohibited by the Act but unfortunately it still occurs. That is why knowledge of the FDCPA is helpful as that will usually scare away any imposters.

Ask Your Own Legal Question
Customer reply replied 1 month ago
according to the lady they will garnish my pay for 2800 plus legal fees if i dont come up with a hardship agreement. the purchase was for a computer the dell so what can i do try and get this resolved, i have very limited funds and i prefer spending it on a lawyer rather than pay them 2800 plus legal fees if they send me to court
Please advise me i really need help/ i just got my credit back up and running so i have good credit for the last 3 yeras and now they want to put a judgement on me after 17 years later. i seem not able to get a break! please advise!
Customer reply replied 1 month ago
i have never recieved anything from this company excpet for this phone call

That would be extremely frustrating after working so hard to get credit resolved.
It would depend on when the last payment was made -if the breach (nonpayment) happened in the past 4 years for a written contract then the lender can sue. If it was beyond that the running of the statute of limitations is an affirmative defense.

A lender can't put a judgment on a person; they must file a lawsuit and the judge would need to decide in the plaintiff lender's favor. So I'm not clear on how they are alleging they can put a judgment on.

Per this site we are only able to provide information and cannot actually provide legal representation.

Ask Your Own Legal Question
Customer reply replied 1 month ago
supposedly my last payment was in 2002 (purchase in 2001)

Thank you; were you able to review the information on the statute of limitations?

That is here:

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=337

Once the time expires there is no obligation to pay on the debt.

Ask Your Own Legal Question
Customer reply replied 1 month ago
Im glad your able to provide me with invaluable information, so what do i tell this lady or what can i do do to help myself. i have to call her back in 24hours

The statute of limitations can be cited along with the FDCPA - the ftc has alot of information on that in the link above. Also please see:

Ask Your Own Legal Question
Customer reply replied 1 month ago
do i respond to her or just leave the situation alone? not sure?

https://oag.ca.gov/consumers/general/debt-collectors

That is from the attorney general of CA;

and a complaint can be filed with them as well.

That is a personal choice; some people will respond to inform of the statutes/acts so the creditor knows they are aware of their rights; others will let it go and see what happens and then file a response and a complaint with the attorney general; others will request a validation letter from the creditor.

legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
Verified
legalgems and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
Hi guys i jus got off the phone with the company, there name is morris & myers filing firm, she says they have a civil matter, aginst me and a judgement in processing and will be in the judge hand in 2 weeks and if i dont make arrangement with them then they will garnish my pay 25% they also said that they sent me 2 demand letters which i have not recieved i asked why they never sent certifeid return reciept and they said they dont have to its a courtesy she also said the state of cali has upto 25 years to do this. now im being threatened :( any advise? please
Customer reply replied 1 month ago
she said they will leave the judgement processing in place now! :( wow 17 years later, just when i thought i was getting my credit back together now this! please send me any info so ican try and help myself, ive worked hard in the last 3 years to get my and credit back the way it should be!
Sorry for the delay. Your responses just came through
California does not have a 25 year statute of limitations for filing lawsuits. I provided the code that states the relevant time frame. Perhaps they have a code they are referencing? Normally when someone has a law in their favor they will cite that code.
Ask Your Own Legal Question
This even discusses how a judgment is only good for 10 years and that it can be renewed for another 10 years BEFORE it expires so confounded about the 25 year statement
https://www.google.com/url?sa=t&source=web&rct=j&url=https://saclaw.org/wp-content/uploads/sbs-renewal-of-judgment.pdf&ved=2ahUKEwi-yIOtvYPaAhWh2YMKHWRdBEIQFjAGegQIABAB&usg=AOvVaw2RhA7oqpRgQio6NO_Go8qK
Ask Your Own Legal Question
Was this answer helpful?
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
12,570 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
What is that statute of limitation to collect rent from a
what is that statute of limitation to collect rent from a tenant awarded by the court im in pa … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,780 satisfied customers
What are the statute of limitations and dollar limits to use
what are the statute of limitations and dollar limits to use small claims court? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
When did the statute of limitations begin? MD. Its on an
MD. Its on an agreement of service. Service was terminated more than 3 years ago. I paid minimal amounts since then but stopped paying about 2 years ago. Does the statute of limitations apply to the date the service was terminated and I was owing or does it apply to the last date of payment? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
What is the statute of limitations for Citibank to collect
What is the statute of limitations for Citibank to collect on credit cards? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Is there a Statute of Limitation on bringing charges against
Is there a Statute of Limitation on bringing charges against a Defendant for Abuse of Process?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
Is there a statute of limitations on returned check? Texas.
Is there a statute of limitations on returned check? … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
How is the statute of limitations in CO, for a failure to
How long is the statute of limitations in CO, for a failure to appear on a misdemeanor possession of marijuana charge. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
Question" what is the "statute of limitations" concerning an
Good Evening...question" what is the "statute of limitations" concerning an "attorney's errors and omissions , in disappearing before the final settlement of a legal case , without notifying client ..… read more
socrateaser
socrateaser
1,031 satisfied customers
What is the statute of limitations on a real estate
What is the statute of limitations on a real estate transaction that is based on an earlier created FORGED Deed. … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
314 satisfied customers
Statute of limitations for probation and parole in the State
Statute of limitations for probation and parole in the State of Delaware? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
What is the statute if limitations on debt collect on? The
What is the statute if limitations on debt collect on? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
What is the statute of limitations on debt collection? I was
What is the statute of limitations on debt collection? I was contacted by an "attorney" attempting to collect on a credit card debt incurred in 2008. I have no records that this is outstanding, nothin… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
What is the statute of limitations on unpaid royalties in
what is the statute of limitations on unpaid royalties in tx … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
In Delaware, on the Statute of Limitations for credit cards
In Delaware, on the Statute of Limitations for credit cards (revolving accounts) there is conflicting periods when searching online. Can you tell me whether it is 3 years or 4 years? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
The statute of limitations on written contracts in Ohio is 8
The statute of limitations on written contracts in Ohio is 8 years. Would this apply to a collective bargaining contract for the time period 2010-2013 that I was covered by? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
Is there a statute of limitation for damages caused by a
Is there a statute of limitation for damages caused by a tenant in a rental property in SC?… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,877 satisfied customers
It is on Illinois contract law and statute of limitation. I
It is on Illinois contract law and statute of limitation. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,827 satisfied customers
I have an affirmative defense question. CA. Not sure
Hi, I have an affirmative defense question JA: What state are you in? It matters because laws vary by location. Customer: CA JA: Has anything been filed or reported? Customer: no JA: Anything else you… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x