Legal Question in Credit and Debt Law in California
If a credit card has been closed and hasn't been used in years, can a credit card company still sue you for debt?
Asked on 9/18/11, 11:04 pm
2 Answers from Attorneys
Michael Stone
Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
Exactly how many years? In California the legal time limit for filing a lawsuit on a credit card debt is four years from the first date your payment became overdue. If they sue you beyond the time limit, you might have a lawsuit against the card issuer (or more likely a junk debt buyer) under the fair debt collection practice laws.
Answered on 9/18/11, 11:09 pm
Just to clarify Mr. Stone's correct answer: It is four years from the first date your payment became overdue AND no subsequent charges or payments were made. In other words, it is from the last date of a transaction on the account (other than posting interest and fees).
Answered on 9/18/11, 11:18 pm