Legal Question in Business Law in California

Hi,

I did a charge off with Citibank about 6 yrs ago, thru a Debt collection agency that took over my credit account. I paid off a little more than half the balance and this was ok with the debt company and Citibank. All of the sudden out of nowhere I am getting calls that I owe about $4000 on this account. And I recently got something in the mail that states I can pay this amount off if I fill out the enclosed paperwork and sign my name. Im worried Im gonnat get harrassed or this is just some illegal operation that somehow hacked into my old account and is trying to get money out of me. I cant find the original paperwork form 6 yrs ago. But I could contact Western Union if I need to to get the receipt of the Cashiers checks I sent in 3 payment I believe. Im scared they are going to supeona me..and I keep thinking this IS CRAZY I paid this off years ago..is this a scam or is this really Citibank going after me for more money, when I thought th charge off was valid and a done deal...HELP!!!!

Ann Walker (619) 459-5873


Asked on 10/23/11, 7:15 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

If you settled the matter, you should have kept a copy of the settlement agreement in addition to proof of payments. If it has been six years since you made a payment, the statute of limitations of 4 years on a book account has run.

You should respond and contest the debt in writing, and point out that the matter was settled and the statute of limitations has run. Many collection agencies try to reinstate a stale debt by intimidating the debtor into making a payment, which restarts the statute of limitations and gives them a loophole to sue. If they back down, don't be surprised if they hand the stale debt off to another collection agency, and you start getting letters again.

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Answered on 10/24/11, 9:41 am


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