Legal Question in Credit and Debt Law in California

collection question

Due to health problems we got terribly behind in our bills back in 2002/2003. 11/04 we refinanced and the escrow company gave us checks to pay off all our debts that were on the credit reports. We were served with papers on 05/17/06 for a civil suit on a debt that was not shown to be owed in 11/04 on the credit reports or on the credit reports we ordered in 07/05. We did not receive correspondence during this time that the debt was still owed or given the opportunity to pay this debt prior to the filing with the courts. Is this legal and in the statue of limitations. Also will we be reguired to hire an attorney.

Thank you for your time.


Asked on 5/18/06, 5:32 pm

1 Answer from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

Re: collection question

Yes it is legal. Whether a debt is shown on a credit report has no bearing on whether the debt is owed. You are generally presumed to know what debts you have and who the creditors are.

The statute of limitations on a written contract is 4 years and on oral contracts 2 years. If this was a credit card debt then it is based upon a written contract and the statue of limitations would be 4 years.

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Answered on 5/18/06, 5:38 pm


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