Borders books and music

[blackaria919]

What is the name of your state (only U.S. law)? California (where this took place) I currently live in Virgina
Hello everyone I'm a noob to this site and I have a question.
In 2004 I worked for Borders books and music in the cafe in santa monica california. I would give the homeless people the food that was expired ;by double bagging it and leaving it next to the trash can. Or if they had their own cups I would give them coffee that I was going to pour down the sink anyway. I was terminated for doing this and they said that I was stealing from the company. They had determine the value of the food and coffee to be $150. I payed them the 150 and today 5 years later I received a debt collection notice from their law firm stating that I owe them $825.00. I have been repairing my credit and I am concern that this will add to my already bad credit and I also do not want to pay them any more money. I feel that since the food was garbage I shouldn't have too.

The phone rep stated that they would not give me any more information than the letter when I asked for documentation of this supposed debt. She stated that all I needed was the letter with the cal. Penal code , Section 490.5 (b) and (c).

The letter goes on to state that they may or may not seek further action and a higher settlement amount. While speaking to the rep I denied the debt.
Does anyone have any recommendations on how to handle this?
Thanks in advance for the help!

[blackaria919]

Any advice; anyone?

[Antigone*of*Greece]

Originally Posted by blackaria919

What is the name of your state (only U.S. law)? California (where this took place) I currently live in Virgina
Hello everyone I'm a noob to this site and I have a question.
In 2004 I worked for Borders books and music in the cafe in santa monica california. I would give the homeless people the food that was expired ;by double bagging it and leaving it next to the trash can. Or if they had their own cups I would give them coffee that I was going to pour down the sink anyway. I was terminated for doing this and they said that I was stealing from the company. They had determine the value of the food and coffee to be $150. I payed them the 150 and today 5 years later I received a debt collection notice from their law firm stating that I owe them $825.00. I have been repairing my credit and I am concern that this will add to my already bad credit and I also do not want to pay them any more money. I feel that since the food was garbage I shouldn't have too.

The phone rep stated that they would not give me any more information than the letter when I asked for documentation of this supposed debt. She stated that all I needed was the letter with the cal. Penal code , Section 490.5 (b) and (c).

The letter goes on to state that they may or may not seek further action and a higher settlement amount. While speaking to the rep I denied the debt.
Does anyone have any recommendations on how to handle this?
Thanks in advance for the help!

What is a NOOB.

I recommend that if you are in the process of repairing your credit that you pay for the food that you stole.

[racer72]

The statute of limitation on this is 4 years for this type of debt. Send them a cease and desist letter denying the debt and tell them to never contact you again about the debt. This will do one of two things, they will either drop or sue you. If sued, the SOL is you defense.

What is a NOOB.

Newby, first time poster to a forum.

[debtcollector`]

Originally Posted by racer72

The statute of limitation on this is 4 years for this type of debt. Send them a cease and desist letter denying the debt and tell them to never contact you again about the debt. This will do one of two things, they will either drop or sue you. If sued, the SOL is you defense.

Umm.. No. Bad advice. The debt occurred in California and the OP now lives in VA. That means, the SOL on the debt most likely tolled. The SOL stopped, froze. OP you need to move back to California for the remainder of your four years, or, talk to a local attorney about defending you when they sue you. You have to jump the tolling SOL hump.

DC

[Antigone*of*Greece]

Originally Posted by racer72

Newby, first time poster to a forum.

Thanks Racer, sometimes this internet lingo still gets me

take care, ana

[FlyingRon]

Debts toll because the debtor is out of state? Really?

[debtcollector`]

Originally Posted by FlyingRon

Debts toll because the debtor is out of state? Really?

Yes, I should have typed SOL. Good catch.

[racer72]

Originally Posted by FlyingRon

Debts toll because the debtor is out of state? Really?

I didn't catch the different states when I posted. Looks like the OP is on the hook for this.

[blackaria919]

Thanks for the advice everyone.

1. Wirelessany1, I paid them the 150 dollars they told me I owed them. Then I got this notice five years later! The amount is for way more than 150! I paid already! The food was expired and I put it next the trash cans and Homeless people took it!

1. It's been five years since the incident, can they still "tolled" me?

Thanks again for the help. Any advice you can give is appreciated. Please be gentle.

[LSCAP]

What kind of debt is this? There seems to be too many unknowns.

Did you sign any kind of agreement to pay? Was the whole thing verbal?
Did you really just give someone cash and say thanks and goodbye?
Who was there when you gave someone money?

[Antigone*of*Greece]

Originally Posted by LSCAP

What kind of debt is this? There seems to be too many unknowns.

Did you sign any kind of agreement to pay? Was the whole thing verbal?
Did you really just give someone cash and say thanks and goodbye?
Who was there when you gave someone money?

This debt is as a result of theft.

[LSCAP]

I was also too vague.

Who did he give $150.00 to? the manager? did he sign anything and if so, what?

Were there others around to agree to this, Like district manager? Security?
I won't bother to ask if he got a receipt.

And for that matter, probably useless question, but, how long did op stay in CA after the incident?

[blackaria919]

Originally Posted by LSCAP

I was also too vague.

Who did he give $150.00 to? the manager? did he sign anything and if so, what?

Were there others around to agree to this, Like district manager? Security?
I won't bother to ask if he got a receipt.

And for that matter, probably useless question, but, how long did op stay in CA after the incident?

I gave a check to the general manager. I did not get a receipt but I have a digital copy of the check. I moved to Virgina in July of 2007. Thanks for the help LSCAP.


I disagree that it was theft if the food I gave to the homeless, went to the trash can and I told them where they could pick it up. Please Wirelessany1 unless you have advice to add; could you not try to provoke negative responses. I know that there are lots of people who are avoiding debt and have stolen from companies, but please stop addressing me as a thief.

[blackaria919]

Originally Posted by LSCAP

I was also too vague.

Who did he give $150.00 to? the manager? did he sign anything and if so, what?

Were there others around to agree to this, Like district manager? Security?
I won't bother to ask if he got a receipt.

And for that matter, probably useless question, but, how long did op stay in CA after the incident?

I do not recall signing anything. I only moved here to finish college.