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court case, debt collector Business Debt, Collections

Discussion in 'Other Debt, Collection, Garnishment' started by Guest, Mar 23, 2015.

  1. Guest

    Guest Law Topic Starter Guest


    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?

  2. army judge

    army judge Super Moderator

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    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.
  3. Proserpina

    Proserpina Moderator

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    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...

    .... 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.

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