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 05-22-2005, 02:52 PM
Junior Member
 
Join Date: Mar 2005
Posts: 5
Question

Being Haunted by Company from 5 yrs ago


What is the name of your state? California

I purchased a pager for my daughter in Dec 1999. I paid for 6 months service & then she took over. She paid another 6 months & changed companies. I just received a notice 1 week ago from the initial company stating they had turned my account over to collections. This was the first time I heard from them since 2000. They are charging me for the service plus 4 years interest. They claim that my daughter did not notify them in writing of her intent to terminate service 5 years ago. They claim that they have sent me a statement every month for those 5 years. I never received them & I have not moved. My question is: is there a statute of limitations? I find it odd that they let this go for 5 years before turning it in to collections. If this is not legal & I refuse to pay, does it still go on my credit report? I called them when I received the letter. The collections person said the Owner does not speak to anybody so I could not discuss it with anyone but her. She as much as called me a liar when I told her I never received any statements all this time & if I had, they would have heard from me, as I was doing now. She said they have a computer printout proving (?) the statements were mailed. So? I could type up a list & say I did it. They have no proof of follow through. This all seems fishy to me. Does anyone agree? Thank you.
  #2  
Old 05-22-2005, 07:56 PM
Senior Member
 
Join Date: Mar 2005
Posts: 1,270
Sounds like you need to send them a debt validation letter, CMRRR. You can find more information for this letter at [url]www.creditinfocenter.com[/url] or [url]www.creditboards.com[/url]

Make them send you the proof, copies of the statments they supposedly sent, see what address they have on file and etc.

From what I can find online California has a 4 year SOL, so if the last payment the received from you or your daughter was over 4 years ago, then you can basically tell them to just go pound sand.

Definitely seems fishy.
__________________
Please remember that the search feature on this site, Google, and websters.com are all your friends!!!
  #3  
Old 05-23-2005, 11:56 PM
Junior Member
 
Join Date: Mar 2005
Posts: 5
Thank you. That was my thinking as well. I did request documentation proof & she sent a print out of dates the statements were allegedly sent. So? I could do the same thing. I guess I will write them a nice letter declining to pay a 5 year old debt. Is there any recourse should they go ahead & try to impact my credit report?

Last edited by GinaG754; 05-24-2005 at 12:00 AM.
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 06:30 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.