Legal Question in Credit and Debt Law in California
I have been getting all of a sudden phone calls this week from checkex, paydatacheck.com stating they are going to take legal action or garnish my wages for a $25 check from 2008 to Larson bros Photography in Fresno, Ca. I have never received anything on this check, their reason is they are a check company that when the check doesn't go through, they pay and collect later and due to millions of checks, they have been slow on collecting. They want me to pay $150, either online or by phone and I am not comfortable with this at all. How should I handle this matter?
1 Answer from Attorneys
1. The statute of limitations has expired if your dates are accurate and if this happened in CA.
2. If it is not DEFINITELY do not pay it.
3. Ask for proof. Provide a fax number, if you don't have one get one from your local Kinko's or Staples, Office Depot, corner mart, etc. Tell them you won't pay without proof and to stop calling you until they've sent it. Period.
4.This could very likely be a scam. I would not give them my credit card number unless I was absolutely positively certain that it was an authentic company. I wouldn't even access their website from my own computer. They'd probably have to meet me at the police station or something. I'm serious.
5. $150 - no
6. If they continue to harass you after you've asked for proof (& they don't send it) you may want to contact a consumer protection attorney to sue them
Be sure to document dates, times of all calls. Politely ask for the name and id# or last name of the caller. Do this before you tell them to never call you again. Ask for verifiable information. Are they the actual company, or a debt collector. What is their address and a good call back number? Get as much information from them as you can while they are trying to get information from them.
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