legal question

RDG · #1 Dec 29, 2005, 09:24 AM

I'm writing on behalf of a co-worker. Apparently, just over three years ago, she paid a parking lot fee with a personal check. However, the check bounced. She assumes she was given a notice by the bank, but assumed that the bank cover the six dollars as part of her over draft fee.

Any way, the parking lot company gave the six dollar debt to a collection agency. The collection agency claims they sent my friend three notices. However, they sent it to her old address and she never received them. Yesterday, after returning home from work, she found a subpoena. This is the first notice she has received. She called the collection agency and they say she now owes approx $330.00 for their fees and their lawyers fees. They also told her this morning that if she didn't pay this amount in full by noon today, this issue would go to court and then she would run the risk of incurring court fees.

The collection agency's fee seems excessive. My friend asked if they could lower the fee, but they won't do so. She requested copies of the notices to be faxed, but they won't do this either. She's left two voice mails with the lawyer listed on the supoena, but he hasn't called back. She told this to the agency and they said he's in court all day and doesn't return calls. The agency rep also told her not to contact him again (she's called him twice today) and to pay the bill or go to court.

Any advice? Should my friend simply pay the fee or should she risk going to court? Are there any laws again gouging someone over a six dollar bill?

RDG

mr.yet · Dec 29, 2005, 09:51 AM

Quote:

Originally Posted by RDG

I'm writing on behalf of a co-worker. Apparently, just over three years ago, she paid a parking lot fee with a personal check. However, the check bounced. She assumes she was given a notice by the bank, but assumed that the bank cover the six dollars as part of her over draft fee.

Any way, the parking lot company gave the six dollar debt to a collection agency. The collection agency claims they sent my friend three notices. However, they sent it to her old address and she never received them. Yesterday, after returning home from work, she found a subpoena. This is the first notice she has received. She called the collection agency and they say she now owes approx $330.00 for their fees and their lawyers fees. They also told her this morning that if she didn't pay this amount in full by noon today, this issue would go to court and then she would run the risk of incurring court fees.

The collection agency's fee seems excessive. My friend asked if they could lower the fee, but they won't do so. She requested copies of the notices to be faxed, but they won't do this either. She's left two voice mails with the lawyer listed on the supoena, but he hasn't called back. She told this to the agency and they said he's in court all day and doesn't return calls. The agency rep also told her not to contact him again (she's called him twice today) and to pay the bill or go to court.

Any advice? Should my friend simply pay the fee or should she risk going to court? Are there any laws again gouging someone over a six dollar bill?

RDG

Put on a Copy of the subpoena "Accepted for Value upon proof of claim" and "Returned for failure to state claim upon which relief may be granted".
Send copies to the court also. They will be more helpful after that.

just my 2 cents, not legal advise.

CaptainForest · Dec 29, 2005, 01:35 PM

Your friend might not even owe anything!!!

The Statute of Limitations might have expired.

Use this website to check (assuming you live in USA):
http://www.fair-debt-collection.com/SOL-by-State.html#7

And take them to court. Lawyers always make things sound worse before court. It is a scare tactic.

Ver · Dec 30, 2005, 01:33 PM

Actually the website that CaptainForest posted is slightly out of date with some it's SOL info, to get the most up to date information use this one:

http://www.carreonandassociates.com/...m#Pennsylvania