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  1. #1

    Default Collection Agency is Sending Rebate Checks

    My question involves judgment recovery in the State of:California

    I need to know that statute of limitations on a court judgment in California

    Here is the long story

    In 2000 I was going to rent a room from a man. I gave him a deposit of $250. There was no lease agreement. I decided to not move in and let him keep the deposit. He sued me for: the cost of placing a new ad, painting the room pink (I never asked him to), and for two months rent. The first judge awarded him everything because they started chatting and it turns out they were from the same town in NY.

    I appealed, the second judge did every thing he could not to laugh at the plantiff, but maybe because he felt bad for him ended up awarding him one months rent $500. I still dont get how this can happen, I never signed a lease, he kept the deposit, never lived there one night. So frustrating.

    He demanded that I pay him the judgment, but decided to add $500 to the $250 he already had. (I have a tape of the court hearing that states the amount I owed). I did not have the money so he turned it over to a collection agency. They placed a levy on my account which I shared with a boyfriend. I showed up to court, they did not and the judge still ruled in their favor, which I also do not understand.

    At that time, the were awarded all my money, a whole $500 which covered the cost and then some of what I owed. Since then, they have sent me notices that I still owe over $500.

    This is the scandalous part and something I didnt wise up to until recently. Every once in awhile I get a "rebate" check from some company in the same city as the collection agency. I know it is them because they are the only ones that still send me mail in my maiden name and I know I am not expecting any rebates I believe that this is how they obtained my bank account information last time.

    SO, my questions are: What are the statute of limitations in California for a judgment and 2. is it legal for them to try to obtain my bank account info in such a way as a "rebate" check.

    THANK YOU! I will never rest until this is over with. I still get so angry with that rich old man that couldnt let it go. He kept the deposit, i never moved in, I was just profit to him.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Collection Agency is Sending Rebate Checks

    A judgment is valid for ten years, and can be renewed (restarting the ten year period).

    If you cash their check and give them your account number, they can use the information they obtain.

  3. #3

    Default Re: Collection Agency is Sending Rebate Checks

    Thank you, Mr. Knowitall.

    I assume if the 10 years passes (coming up), they cannot renew it after then, correct? I would think if it can be renewed after the 10 years, there would be no point to the statute of limitations.

    As far as the checks they send me go, basically they can use my information if I cash the check, however no one really cares how they go about it by sending "rebate" checks under a fictitious company name....that is bad. I wish more people were aware of this because I am sure I am not only one they try to pull this trick on.

    FYI, this company has an "F" rating with the BBB.

    Thanks again!

  4. #4
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Collection Agency is Sending Rebate Checks

    So go to a check cashing place like Amscot and cash it there.

  5. #5

    Default Re: Collection Agency is Sending Rebate Checks

    Quote Quoting divemedic
    View Post
    So go to a check cashing place like Amscot and cash it there.
    Ha, I thought about it, but I have decided to keep their $5 check in case I need to go to court against them. I would like proof of their bad business practice. At one point years ago, they sent me what looked like a court document, but it clearly was not when I noticed it was a template and they forgot to change the case number in two places. I often wonder if they really had legal court docs sent to the bank, it wouldn't surprise me if they sent the bank their template and the bank didn't question it. They even had the name of a judge that was never at that specific court. They say the case is still open, but when I contacted the court, they said it was closed years ago and filed away in their basement.

  6. #6
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Collection Agency is Sending Rebate Checks

    Finding out where you bank isn't a "bad business practice" for a collection agency. It can help them collect a debt, so from their perspective it makes good sense.

  7. #7

    Default Re: Collection Agency is Sending Rebate Checks

    Quote Quoting Mr. Knowitall
    View Post
    Finding out where you bank isn't a "bad business practice" for a collection agency. It can help them collect a debt, so from their perspective it makes good sense.
    I personally think it is sneaky and fraud on some level to misrepresent yourself in this way, especially since I do not owe them a dime!

  8. #8
    Join Date
    Nov 2007
    Posts
    127

    Default Re: Collection Agency is Sending Rebate Checks

    in california, they can renew the judgement for another ten years, but they must do it before it expires.

  9. #9

    Thumbs down Re: Collection Agency is Sending Rebate Checks

    Dont you think that if a court o law says that you own this guy money thatits bad business practice to not pay it.

  10. #10
    Join Date
    Jan 2009
    Posts
    15

    Default Re: Collection Agency is Sending Rebate Checks

    Okay, so 'Mr. Knowitall'.... doesn't.

    Long ago (before the G-L-B Act), creditors use to send these 'trojan checks' out to debtors hoping they would cash them and thereby get their bank account information.

    However, since the passage of the G-L-B Act (15 USC 6821), the use of 'trojan checks' is a violation of FEDERAL law.

    Here is what the US Code provides:
    § 6821. Privacy protection for customer information of financial institutions
    (a) Prohibition on obtaining customer information by false pretenses
    It shall be a violation of this subchapter for any person to obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, customer information of a financial institution relating to another person—
    (1) by making a false, fictitious, or fraudulent statement or representation to an officer, employee, or agent of a financial institution;
    (2) by making a false, fictitious, or fraudulent statement or representation to a customer of a financial institution; or
    (3) by providing any document to an officer, employee, or agent of a financial institution, knowing that the document is forged, counterfeit, lost, or stolen, was fraudulently obtained, or contains a false, fictitious, or fraudulent statement or representation.

    http://www4.law.cornell.edu/uscode/1...1----000-.html

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