Reducing a Collection Charge I Have Never Heard of Back to the Original Amount
My question involves collection proceedings in the State of: California
Hi, I recently got a phone call from a law-firm/collection-agency, claiming to represent a toll-road. They tell me that a few years ago they took a picture of my license plate and that I owe them over $100 for a toll charge and collections fees. How can they come after me year after the fact and charge me so much money for something I wasn't even aware of?
The car in question was sold for scrap (I assume it became scrap because it was too expensive for me to repair it) a couple of years ago. They told me I would need to prove that I didn't own the car at the time, which I don't have any records to do, I can't even double check to see if the license plate they claim to have a photo of was my license plate because I no longer have any records for the vehicle. Soon after I sold it I left the country in a state of economic hardship and when I returned had nothing more than my suitcase. So getting records like the receipt from the junk company I sold it to, or even knowing the date or license plate is something I'm simply don't have records on.
So... I was figuring that if I can't prove that I didn't own the car back then (the tow truck driver taking it away told me they would handle things with the DMV and all I had to do was sign his receipt), perhaps I can at least get this ridiculous collection charge lowered to the original toll amount. Is it even legal for them to charge me a hundred+ dollars for something I have never heard of, never received any documents on or a bill for? I once had a credit card company tell me that since I didn't get the bill (they sent it to the wrong address) that they were not allowed to charge me a late fee. They never sent me any paperwork, they told me they have an address for me at my dads house, which is absurd because I've ever lived there but I did have the address on my credit report because I redirected my credit-card statements to it back when I left the country so that I would have a US address assigned to my accounts.
Long story short, What can I do? Is it even legal for them to charge me for something I'm just now finding out about over the phone? and still have seen no documented proof of? The only reason I think they are legitimate is because I called the toll road company and they confirmed that the collection firm does work for them, so it can't entirely be a scam can it? What power do I have to get this expelled from my credit report as a collection and how can I eliminate this ridiculous $100 charge for what must have been like one dollar when it occurred?
Re: Reducing a Collection Charge I Have Never Heard of Back to the Original Amount
So they used a past address, correct?
Have you ever discussed this with your father? Their story is going to be "We sent notice and bills to the address on file". Given that many people try to use "I didn't live there" as an excuse, I'm not seeing how you'd be able to convince anyone differently.
I don't think you're going to win this one.
Re: Reducing a Collection Charge I Have Never Heard of Back to the Original Amount
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Can'tTouchThis
So... I was figuring that if I can't prove that I didn't own the car back then (the tow truck driver taking it away told me they would handle things with the DMV and all I had to do was sign his receipt), perhaps I can at least get this ridiculous collection charge lowered to the original toll amount.
If this is regarding a Fasttrack toll amount, then you had the opportunity to do just that by opening a Fasttrack account and simply paying the $1 (or less) of unpaid tolls at the time. Failing to respond to the original mailed citation in a timely manner means that such offer will expire with the expiration of the notice due date. While you claim to not having received such notice, the typical reason for that is simply because you failed to maintain a current mailing address with ther DMV and so any notice that was mailed never got to you not because they opted to have it go somewhere else, but more likely because they did not have your current address!
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Can'tTouchThis
I once had a credit card company tell me ....
This is not a credit card company... This is Caltrans which can by law notify the DMV of your delinquency and the DMV can then place a hold on any vehicle registration that you currently own or might own in the future until this amount is fully paid. They can also tap into you State tax refund if you ever file for taxes and expect a refund. In other words, you can pay voluntarily or they will find a way to squeeze the money out of you.
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Can'tTouchThis
The car in question was sold for scrap (I assume it became scrap because it was too expensive for me to repair it) a couple of years ago.
The law requires that you turn in your license plates and registration card to the DMV prior to you selling the car for scrap:
CVC 5500
(a) Any person, other than a licensed dismantler, desiring to disassemble a vehicle of a type required to be registered under this code, either partially or totally, with the intent to use as parts only, to reduce to scrap, or to construct another vehicle shall deliver to the department the certificate of ownership, the registration card, and the license plates last issued to the vehicle before dismantling may begin.
(b) Any person who is convicted of violating subdivision (a) shall be punished upon a first conviction by imprisonment in the county jail for not less than five days or more than six months, or by a fine of not less than fifty dollars ($50) or more than five hundred dollars ($500), or by both that fine and imprisonment; and, upon a second or any subsequent conviction, by imprisonment in the county jail for not less than 30 days or more than one year, or by a fine of not less than two hundred fifty dollars ($250) or more than one thousand dollars ($1,000), or by both that fine and imprisonment.