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richl · Jul 25, 2007, 08:13 AM

In the state of California, is a creditor required by law to "make a reasonable effort" to contact the debtor prior to sending the account to collections? Is the creditor required to state that he has done so on the application for collection services? Need the help.

Thanks

Richl

excon · Jul 25, 2007, 12:01 PM

Hello Richl:

Nope on both.

excon

ScottGem · Jul 25, 2007, 12:14 PM

Had to re read the question. And excon is correct. A creditor generally will send dunning notices to the last known address of the debtor. That would constitute a reasonable effort to collect. But there is no legal obligation to do so. They also do not have to document their efforts to a collections agency.

However, before a judgement can be entered against the debtor, they would have to make a good faith effort to serve the debtor with a summons and they will have to prove that effort if challenged.

richl · Jul 25, 2007, 10:44 PM

excon and Scottgem,

Thanks for the input. I hate the answers, but appreciate the guidance. I answered the complaint, but I don't think I have much of a case. Can really sad eyes and lots of "sirs" buy me anything.

Rich

excon · Jul 26, 2007, 04:26 AM

Hello again, richl:

Actually, no. Collection agencies are the lowest of the low. However, that doesn't mean you shouldn't pay them if you owe the money. Because if they sue you and get a judgment, it's going to be for more money than they want now and with a judgment, they can garnish your wages and attach your bank accounts.

Good straight negotiation with some cash in your pocket is your best defense.

excon