Legal Question in Credit and Debt Law in California
Credit Card Debt
I understand that the statue of limitations a collection agency has to sue is 4 years...from what point does the 4 years start and at what point does it expire? In addition, how often can a debt collector check/access your credit report? Lastly, can a collection agency file a judgement against you without your knowledge?
2 Answers from Attorneys
Re: Credit Card Debt
Four years after "the last activity". Generally, they are given about three months of inactivity before it is determined that there is no activity. So, a little over 4 years.
Not sure exactly how often they can check your credit report ... would need to research.
The only way they can get a judgment against you is to file suit against you and serve you a summons and complaint.
Re: Credit Card Debt
Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters, notices, and lawsuits. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.
They have to serve you with a complaint before any judgment can be entered. The statute of limitations runs from the time of the breach of the contract. Without a written contract the statute of limitations may be only 2 years.
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