Legal Question in Credit and Debt Law in California
bad debt
I had some bad debt with my bank account, a deposit of credit card promotional check bounced, due t experation date, that put my account negative. I did not have the money to cover the negative balance. The following year I filed a bankruptcy absolving me of the debt. Here is my question what is the statue of limitations on bad debt, this incident happened in 2004? and now there is a third party collection agency after my wife who was a cosigner and didn't go bankrupt with me. The debt was clearly mine, but now can my wife get clear of tis collector?
2 Answers from Attorneys
Re: bad debt
The statute of limitation is four years, don't speak to the CA, don't pay or promise to pay or you'll reset the statute. If they sue you'll win, but the issue of the statute has to be raised the correct way or it's waived, you'll need a lawyer.
Re: bad debt
The statute of limitations is probably 4 years from the date of the breach.
There may be a violation of the Fair Detp Collection Act. We would have to review the collection letter you received.
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