Legal Question in Credit and Debt Law in California
collection on Debt.
My parents are constantly being harrased by a collection agency trying to collect a debt from 98-2001. This collection is for a cellphone they never had. Can they do this? What is the statue of limitation for collection? How can I stop them from calling? How do we know if this is a ligit claim? They have not provided us with proof, how can I make them provide us with information if it was a ligit claim?
2 Answers from Attorneys
Re: collection on Debt.
The statute of limitation for a contract in writing is 4 years. Unless unusual circumstances exist (i.e., your parents have paid them within the last 4 years), the claim is barred. Contact the Federal Trade Commission at http://www.ftc.gov/bcp/index.shtml and follow the links relating to "Consumer Protection" at the top of the page. This site provides a wealth of information. You can also file a complaint with the FTC concerning the company.
You can also tell the company, both verbally and in writing, that they may be violating the Fair Debt Collections Act and the Fair Credit Reporting Act by their conduct. That may disuade them from continuing to contact your parents.
Re: collection on Debt.
The statute of limitations has probably run. We need to review the collection letter you received. When was the last payment made? Please call us if you have any questions.
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