Advice Needed

[alikanoel]

What is the name of your state? CA
About 6 years ago, my husband came across a booth in the mall that gives you a freebie camera and film and they will develop your film for free for the rest of your life. He didn't realize what he was signing at the time, rather he was making small talk with the cute girl. He took the camera and film and was shocked when he received a bill for $1,000. He tried calling the company to get out of the contract when he received the bill, but they said he signed the contract and tough luck. We have never used the service and have never made contact with them since. My husband is in the Navy so we have moved a couple of times and the letters for debt collections seem to follow. They have changed debt collectors several times and now have become more threatening. I wanted to know if we had any legal obligation to pay the debt that has now risen to $3,000 due to nonpayment fees. Thank you, Alika

 

[navygurl818]

What is the name of your state? CA
About 6 years ago, my husband came across a booth in the mall that gives you a freebie camera and film and they will develop your film for free for the rest of your life. He didn't realize what he was signing at the time, rather he was making small talk with the cute girl. He took the camera and film and was shocked when he received a bill for $1,000. He tried calling the company to get out of the contract when he received the bill, but they said he signed the contract and tough luck. We have never used the service and have never made contact with them since. My husband is in the Navy so we have moved a couple of times and the letters for debt collections seem to follow. They have changed debt collectors several times and now have become more threatening. I wanted to know if we had any legal obligation to pay the debt that has now risen to $3,000 due to nonpayment fees. Thank you, Alika

Why doesn't your husband go to his legal officer and ask bout this situation. Our legal department warned us in advance about this camera scam.

 

[alikanoel]

We hadn't heard about the camera scam.

My husband is the type who would rather throw away the postcards and pretend that the whole situation never happend. So not going to legal does not suprise me.Years have passed now and I wish I new what legal action they could take, if any, against us.

 

[badapple40]

You have a contract. You can set that contract aside on grounds of unconscionability, and if there is some kind of consumer scam going on, there may well be grounds to do that. The contract must "shock the conscience" of the court.

You also have the Soldier and Sailors Civil Relief Act to protect you in the event he is deploying/deployed.

Like the previous poster said, go to the legal office and see what they advise. Also call your State Attorney General's office regarding the company.

 

[alikanoel]

Thank you for your advice. Even when you think you have been scammed you still have that feeling in your gut that it's your fault, which ultimately it is, and that you have to eat it,pay the debt and learn from it. We were afraid going to navy legal would make them aware of the debt and they would start to garnish his wages to repay it. I think that since so many years have passed if this was a legitimate company, they would have tried suing us years ago. We will be going to legal to see what they say. Thanks, Alika

 

[Ladynred]

You also have the statute of limitations !! The SOL in CA is FOUR years, written or open-ended accounts. If this happened 6 years ago and NOTHING has EVER been paid on it, the SOL has EXPIRED and you can be rid of these scum sucking goat herders for good. Send them a cease and desist letter telling them never to contact you about it again as the debt is time-barred !

Here's a letter to use:
http://community-2.webtv.net/YCHANGE/STORAGE/page13.html

Send it certified RRR and keep copies of everything. They should go away.