Legal Question in Consumer Law in California

Re: Bank Records credit card debt

If you are sued or if you are bothered for collection of any debt long after the fact you may be entitled to defend on the basis that it is too old. You must ***not*** reaffirm the debt if you are defending on the debt being too old, and you must raise the statute of limitations as an affirmative defense. Absent fraud, debts must be sued on within four years of any breach and or the last payment or they may be subject to such defense.

Different banks keep records for different periods. I have been able to retrieve pretty old records in some cases but it will take time if they are in old stored files.

Re: Bank Records credit card debt

When you pay a debt, it is appropriate to get proof that they have the right to collect the debt and have not assigned it to someone else. If you have proof of payment and that you paid the right person or entity and you are harrassed by another bill collector for the same debt that may be an unfair collection practice. Consumer debts have different rules from business debts.

If they pursue the debt after you provide proof of your payment they may be liable for malicious prosecution but you must prevail if they sue you to collect the debt. It would be worth spending the money to get advice from an attorney and have the attorney defend you if it goes that far.