Legal Question in Credit and Debt Law in California
Collection Agencies - Old Debt Collection
I received a letter from the Whitewing Financial Group telling me I owe them over a thousand dollars from an old 15 +yr debt. I did some research and found that the statue of limitations to write off bad debt in Oregon is 3 yrs and California is 6 yrs.
I also found some consumer complaints on www.ripoff.com where people got this same letter asking them to pay off their debt.
If there is any further information that anyone could provide me, I would apprcieate it. I am in the midst of trying to pay off what debt I do have and this is the last thing I need.
Is this legal for a company like Whitewing Financial to try to collect on such an old debt?
Thanks
3 Answers from Attorneys
Re: Collection Agencies - Old Debt Collection
You are probably not liable, but I want to review the letter. If you fax it to me at 714 363-0229, I will call you and advise you. Please also fax me where I can call you.
Re: Collection Agencies - Old Debt Collection
The statute of limitations for written contracts in California is 4 years. A judgment is valid for ten years and can be renewed if done within the ten years.
JOEL SELIK
Attorney at Law
800-894-2889 760-479-1515 702-243-1930
Licensed to Practice Law in California and Nevada Only. Licensed CA Real Estate Broker
LEGAL MATTERS: TRIAL WORK/CIVIL LITIGATION AND APPEALS: Elder Neglect/Abuse/Nursing Home Malpractice, Personal Injury, Contracts, Tax Litigation, Business, Malpractice, Real Estate, and Other Legal Matters www.SelikLaw.com
Jury Trial Consultant, Focus Groups: www.TheJuryProject.com
This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.
We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.
Re: Collection Agencies - Old Debt Collection
It depends. If the collection agency has a judgment against you and has renewed that judgment, then they can continue to attempt collection. However, if this collection company is simply attempting to collect a debt that was never sued upon, and makes any threats that they will garnish your wages, sue you, or otherwise take legal action which is clearly unavailable, they are probably violating the Fair Debt Collection Practices Act.
You can file a complaint with the Federal Trade Commission against this company at http://www.ftc.gov, as well as fully research what a debt collection agency can and cannot do in attempting to collect debts.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
