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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

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Answered in 5 minutes by:
3/23/2018
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,854
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!

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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?

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Customer reply replied 4 months 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.

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Customer reply replied 4 months 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 4 months 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.

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Customer reply replied 4 months 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.

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Customer reply replied 4 months 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:

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Customer reply replied 4 months 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: 13,854
Experience: Just Answer consultant at Self employed
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legalgems and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 months 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 4 months 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.
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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
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