Legal Question in Consumer Law in California

Got a collection notice 3 1/2 years later

Just got a collection notice for my divorce proceeding 3.5 years later. I fired my attorney for being neglignet and took things into my own hands. The collection letter says that they have been trying to reach me, but this is the 1st form of communication I had with them. Are they still liable for collection after 3.5 years? The letter is also a fraud for saying that they attempted to contact me. FYI my credit is over 720 and had no issues with a collection agency for over 10 years.


Asked on 3/20/07, 12:46 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Got a collection notice 3 1/2 years later

The statute of limitations is 4 years on a written contract, which means the creditor has 4 years from the date you stop making payments to sue you. So, the creditor still has some time left. As to the issue of credit reports, there are a bunch of laws which creditors and credit reproting agecies are supposed to follow--but never do. To keep your credit score from being damaged, you most likely will have to file a civil action.

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Answered on 3/23/07, 4:30 pm


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