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A debt collector is trying to collect on a repo auto that happen in 1998

Chula Vista, CA |

then been calling and sending letter demanding the money.

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Attorney answers 4

Posted

Who is the collection agency? Is the collection agency attempting to collect the deficiency balance or a judgment? How much money does the collection agency claim you owe?

www.agrusslawfirm.com

Information on Avvo should not be construed as legal advice, as each case is different. For information about your specific case, please contact a consumer law attorney, or contact me at www.agrusslawfirm.com

Asker

Posted

the company is ARA p.o. box 5002 Villa Park IL 60181, they claim I own the total amount $25,500.00 but will take $6,000. the car was auction out and the loan was charge off about 14 yrs ago.

Michael Stephen Agruss

Michael Stephen Agruss

Posted

If your ultimate goal is to get the collection agency to stop calling you, then you should send them a cease and desist letter. You should also check your credit report, like the other attorney suggested, to see if the account is listed on your report.

Posted

You can, and should, send a letter telling them not to call you or contact you. If you do this, they can send you one more letter saying that they will not contact you. And they can sue you. If they previously obtained a judgment against you, you need to review the case file of the court that entered the judgment. If they have not obtained a judgment, the statute of limitations has expired and you have a good defense.

You should also check your credit report, which you can do for free. See if this account is listed on your credit report. If so, you should have a lawyer dispute the account and then sue the debt collector.

Asker

Posted

they never file a case on court , this is the first tell send me a letter. they call my wife office several time. the company is not the original creditor, the original company close there business about 13 yrs ago. this loan was originated in 1996 for the amount of $14,000 pay in 4yrs. I when on default on the last month of 1998 due to lost of employment. I lost my house and everything i own. so i now i don't own $ 24,000 . made my payment for 2 1/2 yrs on a 4 yrs loan. the car was auction out .

Richard Scott Lysle

Richard Scott Lysle

Posted

If you pay them a penny, that revives the Statute of Limitations. Send them a cease and desist letter, by certified mail. If they violate the law and illegally contact you, get a lawyer and sue them for violations of the Fair Debt Collection Practices Act. You can recover any "actual damages" that you suffer, plus a statutory penalty of up to $1,000 per violation, plus attorney's fees.

Posted

Attempt to verify the debt with the debt collector. There should be a judgment against you and they should be able to provide it to you or tell you what court to go to review the case file.

Judgments are good for 10 years in CA, but can be renewed by the creditor for another 10.

If you need assistance settling this matter I am located in San Diego.

BW 619-497-0627

Posted

An attorney will be able to access information about your case online. I offer a complimentary service on my website called "Litigation Checkup" which provides information about court filings by large financial institutions against consumers in San Diego County. For more information, visit http://www.jawfirm.com.

If there is not a judgment on file, there may very well be a statute of limitations issue and a possible Fair Debt Collection Practices Act cause of action arising from the debt collector's attempt to collect on a time-barred debt.