Legal Question in Credit and Debt Law in California
Debt Collectors and Credit Reports
my husband just got a letter from a collection agency for $1600,we called and they said it was for a reposessed car,we have never heard of the finance company listed and they would not give us any more info,we have not had a car reposessed in over 10 years,we went to court and won on that,the collection agency wants us to get the court documents showing we won,since this took place over 10 years ago do we have to send them the records,and if not what do we tell them and can they put this on our credit report.
thanks.
2 Answers from Attorneys
Re: Debt Collectors and Credit Reports
The collection agency is statutorily obligated to
provide information about the underlying claim if you
demand it in writing. In fact, the collection agency
is required to notify you of your right to ask for
the information. However, you can get a copy of
the judgment in your favor from the Court, which
ought to short-cut the entire process.
Re: Debt Collectors and Credit Reports
You should advise the collection agency that the matter is "disputed" and tell them to stop contacting you, except in writing. You should also send the collection agency a certified letter explaining why you do not believe the disputed debt is owed. If it then proceeds to incorrectly list the disputed debt as being owed on your credit report, you may have an action against them under the Fair Debt Collection Practices Act. If we may be of further assistance, please visit us at www.labusinesslawyer.com.
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