Legal Question in Credit and Debt Law in California
Collecting on credit debt 1989
I was contacted in March of 2003 by two collection agencies on two accounts from 1989. One was for a checking account that i believe is from forged checks and the other is for a credit card that was opened in my name using my SSN and a correct former address. I had lived in the same house for 10 years and was never contacted by anyone regarding these debts nor did i ever recieve a bill of any kind. Now one of them is threatening to sue me for the amount owed. Can they legally do this on an account that old? I was told by a bankruptcy lawyer that my only alternative is to pay or file for banruptcy, yet I keep hearing from people that it's too old for the agencies to collect on this. I'm not sure what to believe. Please help.
2 Answers from Attorneys
Re: Collecting on credit debt 1989
It depends if there is a judgment or not. Do you have any paperwork or just received phone calls. Please call Mary at 714 363 0220 to set up appointment for more information.
Re: Collecting on credit debt 1989
The Statute of Limitations for contract obligations is 2 years for oral contracts (CCP section 339 or 4 years if based upon a written agreement. Ten years is clearly beyond the Statutory time limits. The Statute is tolled if, for example, you have been out of the state, or hiding from service of process, or if yoiu have agreed to the non-application of the Statute, or if you have since confirmed your debt. It does not appear that you have done any of these tolling events. Write the agency a letter and explain your side of this dispute and that, in any case, the Statute of Limitations applies to the claimed debt. At least they will be required to give a copy of your letter, with any request for a credit report. They may even opt for deleting the items.
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