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call from CA....oblivious and needs help, please!!

Date: Wed, 04/15/2009 - 14:30

Submitted by anonymous
on Wed, 04/15/2009 - 14:30

Posts: 202330 Credits: [Donate]

Total Replies: 16


Ok. First, I'd like to say that I'm thankful that this type of forum exists.

I recently received a call from a CA. My mother just passed and I'm trying to support 3 kids off of a single income. Nascar Devil advised that the SOL for California is 4 years. I haven't called the CA back because I'm afraid to. I've contacted CAs before and they're non negotiable. I do not know what account they're calling about because it's been years (maybe 6-7 years) since I've had a credit card. Does anyone have any suggestions to how I should approach this issue?

Please help!!!


your sure of the fact that you had no credit cards or debt of that kind in 6-7yrs.who is this CA?what number comes up on your caller id?


lrhall41

Submitted by paulmergel on Wed, 04/15/2009 - 14:32

( Posts: 15514 | Credits: )


@#^& off and die.yes i agree with soaplady.get that letter out asap send it certified mail return receipt.


lrhall41

Submitted by paulmergel on Wed, 04/15/2009 - 14:46

( Posts: 15514 | Credits: )


Yes a CA can call relatives for location information only.

FOAD letter....send it CMRRR
Dear CA

This alleged debt is out of SOL for the state of California. I have not made a payment on it since________. Do not contact me or any of my family/friends/enemies again by any means.

Have a good day!


lrhall41

Submitted by SOAPLADY on Wed, 04/15/2009 - 16:00

( Posts: 17315 | Credits: )


Has this CA asked for you by name? Are you sure they're collecting on a debt they claim is yours, or are they trying to reach someone else? Maybe it's a debt of your Mother's?

If the debt does belong to your mother, you are in no way legally responsible for it, even if it was a CC and you were an "authorized user." Some CA's will tell you this in order to intimidate you into paying it, don't believe them.

Personally, I would send a DV letter just so I would know for sure what the debt is. If nothing else, I would definitely call them and find out. It might turn out the debt isn't even yours; they may be trying to contact someone else.

A DV letter will not reset the SOL, just make sure you don't admit to the debt at all in the letter and send no money whatsoever. Don't even hint at making a payment to them. That may reset the SOL.

I love calling CA's, especially when I'm recording the conversation and can catch them violating the FDCPA during the call. Remember, though, CA is a two-party state when it comes to recording calls; both parties have to be aware of and agree to the call being recorded. If you notify the other party at the start of the call that it is being recorded and they continue talking to you, then they have given their consent. Even if they keep saying they don't consent and still continue to talk to you, they are still giving consent. (sort of like "your lips say 'no' but your eyes are saying 'yes' type of thing) You may be able to fudge it, though, if you call the CA back and their VRU gives that standard message about calls being recorded for quality purposes.

If you do talk to them on the phone, and they start trying to bait you with their usual cliche'd CA drivel, don't take the bait. Just stick to the questions you want answered and don't respond to their bull-poop. If they start screaming or getting abusive, then tell them you are going to hang up. You don't have to tolerate being abused by this, or any, CA.

These are just suggestions as to how I would handle it. Take whatever advice you read here, and do whatever is most comfortable for you over a debt that's outside the SOL.

Seriously, if you are supporting 3 children with a single income, then you have WAY more to worry about than dealing with some piss-ant CA harassing you!


lrhall41

Submitted by FloridaRon on Wed, 04/15/2009 - 17:37

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