judgement for 5 yr. old alleged nsf while disabled

by Kimberly
(santa rosa, ca.)

In Jan. 2011 I went on disability was employed for many years. I got a letter from Hansel Toyota stating that in an audit they identified a NSF on a down payment for 750.00 written in 07. This letter never included copies of letters to me check number so I could not even due diligence.

This was now 5 years and 11 months so legally she had 30 days to file a judgement. I was in the hospital she was notified I could not attend I was in a full leg cast. She did not allow me my 30 days to do diligence I no longer had the bank she alleged I wrote check from and without check or a copy or check or date the bank needed me to pay them to research which would take 30-60 days which I told her.

She ignored this got the judgement. Now harrassess me monthly. She claims to gave filed warrents for my arrest. She has my disability credit card and has about been told she can try a debit 50.00 a mo. I have been disabled and do not have any assets she's now filing with superior court and I have 10 days to pay in full.

She even harassed me when she was legally on disability having her 5 the child which isn't legal she wasn't employed she was having a baby. I just got unemployment. And support a child. Due to her filing warrants I cannot find employment or pass background check. She is passed harassment of judgement of disabled. Please advise. Thank you.

Reply from DebtCollectionAnswers.com:

Who is "she?" If you are talking about a debt collector - a company that regularly collects debts for others - then the collector is regulated by the Fair Debt Collection Practices Act and must follow that law in collecting from you. If the collection agency does not follow the law, you may be entitled to damages and attorney fees.

If this is the original creditor, then they are covered under California's Rosenthal Act which is also a strong consumer protection law.

We would suggest you go ahead and get a free consult with a consumer law attorney to see whether this "person" is breaking the law.



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