Legal Question in Credit and Debt Law in California

I was terminated from my position as a sales rep. about 1 1/2 years ago. On 12/13/11 I received a past due notice from a collection attorney where my former employer is demanding payment for 'additional discounts'. I have stated to them that these 'additional discounts' were given as incentives for customers to buy, which is part of the normal course of business holding a position in sales. Furthermore, these discounts were approved by management. Can you please tell me what my options are? Could I receive assistance in making a formal reply to this collection attorney?


Asked on 12/29/11, 6:45 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Interesting question. If it were work-related, your former employer might have to pay for your own defense if a lawsuit were filed. It might be worthwhile to retain an attorney to wrangle with the collection attorney and get the attorney to knock it off, or at least get a better idea of what he or she is contending.

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Answered on 12/29/11, 6:55 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Anytime you get a letter from a debt collector, you need to write a Debt Validation Letter (look it up). And as I told you the first time, it would behoove you to have an attorney write a letter to your former employer telling them you don't owe the debt, giving all the reasons, telling them to go away, and possibly threatening legal action by you against them.

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Answered on 12/29/11, 8:09 pm


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