Legal Question in Credit and Debt Law in California

I had a bankruptsey dissmissed in 2003 and decided to work with my crditors. I thought that all debs were paid and stared to rebuild my credit. A couple of months ago I receved a call form a collection angency that had brought a claim form Chemical bank that was still outstanding. I am the first to admit that my record keeping is bad at best and I have no records of me owing or paying such a dept. I called this collection outfit and they were a bit unclear about the dept and are will to settle for a lot less (about half). The personel information they have on me is correct sucha SSN, adress and Bankrupstey file number. I feel that if I owe I should pay but my gut feeling is after six years of clean credit until now and somone saying write me a check today is troubelsome. Looking for advice. Thanks for your time


Asked on 3/14/10, 9:39 am

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Chances are pretty good that the creditor can no longer legally sue on this debt due to the statute of limitations, which is 4 years in California for breach of a written contract. I would the collection agency a certified letter telling them that you are disputing liability for the debt and instructing them not to contact you again. If they do contact you again, consult a local attorney to see if you have a rights to sue the collection agency under state or federal fair debt collection laws.

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Answered on 3/19/10, 12:30 pm


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