Legal Question in Credit and Debt Law in California

Charge off question

I was called yesterday from a debt collection agency trying to collect a debt that is 15 years old, and has been charged off. The charge off remained on my credit report for 7 years, and has been off of it for about 7 1/2. Is this legal? Am I still responsible for this even though it was charged off so long ago? What are my rights? I was living in California when this happened, I live in Arizona now.


Asked on 9/18/08, 2:32 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Charge off question

I'm not licensed to practice law in Arizona, and I don't know what the law is there, but in California the 4 year statute of limitations would be up, and the debt would be legally uncollectible, unless you were foolish enough to make a payment or a promise to pay, which would reset the clock enabling them to sue you and win. Since you are an Arizona resident, you should consult an attorney there as to what the statute of limitations is there, and what circumstances would stop or reset the clock there.

Read more
Answered on 9/18/08, 2:49 pm
Larry Rothman Larry Rothman & Associates

Re: Charge off question

Was there a judgment that may have been renewed. The Statute of Limitations may have run. I suggest you contact the debt collector and get copies of any letters that may have been sent. There may be a violation under FDCA. Please contact me if you have any other questions.

Read more
Answered on 9/24/08, 1:43 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California