Legal Question in Banking Law in California

Trying to collect 11 years later

I lived in California until March of this year. Two days ago I was contacted by a company at my work that said I had a bounced check in 1992 and that my overdraft protection paid the bounced amount.I told them that the debt was not mine, and that i never had an account with said institution since 1985, therefore it was impossibble to bounce a check at that time. he became angry and read off my social, and address that he said was on the account. The address he read was my parents house,where i no longer resided since 1981. I lived 75 miles away at the time and banked with a completely different institution.I became so upset that I had to leave work.Today I recieved a letter from the collection agency where they state that I owe the debt from 1992, plus interest and late charges.I am so disturbed that they can say something like this.Being this alledgedly happened 11 years ago, and the fact that this letter says that they are going to keep coming after me, what can I do? I went to the original creditor (branch), where the checked their nationwide database and found nothing pertaining to me,no one has been able to help or direct in this matter.


Asked on 8/01/03, 12:08 am

1 Answer from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: Trying to collect 11 years later

Sounds like we have a violation of the Fair Debt Collection Practices Act. Under the Act, if an attorney notifies them in writing of their violation and thereafter they keep harrassing you, then you can sue them. My charge for sending such a letter will be $200.

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Answered on 8/01/03, 12:07 pm


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