Business Debt, Collections court case, debt collector

[Guest]

Hi

I am sueing a debt collector for charging interest incidental to the principal amount owed, for a medical debt , the lawyer who is defending the debt collector is using california penal code 3289 (a). Does anybody know where the breach of contract exists between the creditor, debt collector and me?

regards

 

[army judge]

Hi

I am sueing a debt collector for charging interest incidental to the principal amount owed, for a medical debt , the lawyer who is defending the debt collector is using california penal code 3289 (a). Does anybody know where the breach of contract exists between the creditor, debt collector and me?

regards

If you failed to pay as agreed upon in the credit application (oh yeah, its buried deep in those documents -likely in tiny print, but all rather legal- that he or sh will claim you signed in one way or another), that's the breach, your arrears or unpaid debt.

You betcha buncha big money, if that's the theory of the case, its impossible to rebut such a breach.

 

[Proserpina]

It's not the penal code, it's the civil code.

You didn't pay the original debt, presumably. Not doing so created the breach. This is where it gets tricky though, and this is where you might end up paying a whole lot more than you think.

The debt collector can charge interest...

A collection agency can add interest to your bill, however, the terms and rates depend on the circumstances of your particular account. The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) must be expressly authorized by the agreement creating the debt or as permitted by law. An attorney should be able to tell you how much the agency can legally charge you. You are also entitled to an explanation from the collection agency as to how much they are charging you and why. You should ask them by letter to explain to you in writing.

.... your difficulty comes from the underlined bit. Your original agreement with the medical provider - did it mention such an animal?

I hate to say it, but they just might have you over a barrel.