Legal Question in Credit and Debt Law in California
Suit filed after debt paid off
Will I be liable for legal fees if a Civil Case is filed after I paid the debt in it's entirety? Debt paid 12/14/2006. Papers filed with court 1/8/2007. Papers signed by Attorney for Party 12/31/2006.
3 Answers from Attorneys
Re: Suit filed after debt paid off
There are several ways you can approach this problem. You can plead as an answer that the debt was paid in its entirety. You may be able to file an action against them for violation of the Fair Debt Collection Act. Please call me if you have any questions.
Re: Suit filed after debt paid off
Most likely not. Further, you may have a case against the colletion agency for violation of the Fair Debt Collection Practices Act as well as the State Rosenthal FDCPA. The attorney may also have some liability. You can read more about both acts at www.californiadebtblog.com
Re: Suit filed after debt paid off
You might call the lawyer for the creditor and tell him/her of your full payment and provide proof. If they need time to investigate, ask them to stipulate in writing to extend the time by which you have to file an answer, so that you don't have to incur legal fees and costs. If that doesn't work, then you need to file a responsive pleading to the complaint within the 30 days after the summons and complaint were served on you and then negotiate further and defend yourself. Please let me know if you would like my assistance.
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