QUESTION
a creditor sent me a letter stating i was being sued, I call the court house and the document is fake can i sue them for breaking the law?
Asked on Nov 28th, 2011 on Collections - California
More details to this question:
I got a " legal letter " in the mail stating I was being sued it had a case number, a lawyers name and address, the name of the court house but it didn''t have a date or time so i called the courthouse listed and I was told that there isn''t a case by the case number I gave them or under my name or the creditors name.... I know that this is unlawful for them to send me a fake legal document my question is can I sue them ?
thank you
Bryan Ross
1 ANSWER
Assuming that the document is fake, you can sue them under the FDCPA and California's Rosenthal FDCPA. Both these statutes prohibit the use of false representations during the collection of a debt. Since you are in California, you are allowed to sue the agency under both statutes in a combined action for $2,000 in statutory damages as well as any reasonable attorney fees and costs incurred in bringing your claim.
Answered on Nov 28th, 2011 at 2:14 PM