Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Debt Collections

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 05-17-2005, 08:25 PM
Member
 
Join Date: Feb 2001
Posts: 65

B2B Collections


What is the name of your state?This isn't a consumer issue, but seems like the best place to post:

I am a California LLC. We disputed an invoice from a predatory glass repair company three years ago following a break-in. (The police sent them over at the time. They claimed the building owner was responsible for the grossly inflated repair costs. We're just tenants.) They hired a collection agency but eventually gave up trying to collect. The amount they claimed is due is ~$1k.

Now, exactly three years later, I have received a 30-day letter from another collections agency for the alleged debt.

I sent the new collections agency a request for validation of the alleged debt and a copy of the agreement between them and the glass company. They have sent me copies of the originally-disputed invoice but have not provided any copies of the agreement between them and the glass company.

While I still dispute the amount due, I am willing to settle the claim, ideally for a lesser amount. There is more to the story here, but suffice it to say that I now agree that any payment due to this glass company is our responsibility and not the building owner's.

My questions . . . advice, please:

1. How do I tell if the Collections Agency has been contracted by the glass shop, or if this is just some old debt that they have purchased? If it's the latter, I'm not willing to pay. Our D&B rating is strong, and I'll just ignore them unless they really represent the glass company. I don't believe anything they say on the phone, and they have not sent proof.

2. Assuming the glass company is indeed behind all this, I'd like to negotiate a lessor amount if it will end this. Can I just sent the collections agency a check for, say, half and put on the check "cashing this check consistutes payment in full for any and all claims"? I'm guessing that's not the right way to go about it. What is?

3. My other option is to continue to ignore these letters and wait for the SOL in one more year. I don't see any downside other than being sued. In that case it will most likely be small claims court, and I'd be happy to present my case. If we lose, we pay. Am I missing anything here? Anything other than small claims court is very unlikely, right?

Based on my previous experiences, I think small claims could go either way -- this glass repair shop is predatory, but we may indeed owe some amount.

Thanks!
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 10:20 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.