Legal Question in Bankruptcy in California
Is Credit Card Debt Ever Retired?
In my attempt to put my mom's finances in order, I found a recent letter (dated Feb. 2004) from a collection agency seeking payment for a credit card debt dating back to 1996. Apparently, she stopped paying the credit card company in 1996 and has been receiving letters from various collection agencies through the years, which was news to me. Is there a statute of limitations when it comes to a debt like this? Does the collection agency have a legal recourse, or is it just hoping that its threatening letters will yield voluntary settlement?
Thank you in advance for your advice.
1 Answer from Attorneys
Re: Is Credit Card Debt Ever Retired?
The statute of limitation in CA for breach of written contract is four years. If your mother never agreed in the interim to make another payment, they can threaten, but there's not much they can do, as long as there's no judgment.
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