Legal Question in Credit and Debt Law in California

Creditor still contacting atfer 4 years

In California limit for conatcting the debtor is 4 years it is 4 years and the creditor still is contacting at work and at home


Asked on 6/28/07, 8:42 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Creditor still contacting atfer 4 years

The statute of limitation is 4 years from the date the written agreement is breached or 4 years from the last payment, whichever is later. If you have told them to stop contacting you by phone and they continue to do so, they likely are violating the Fair Debt Collection Practices Act. You might have a lawsuit against them for such violation if such unwanted contacts persist.

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Answered on 6/28/07, 9:11 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Creditor still contacting atfer 4 years

They can contact you more than 4 years after the breach of the contract. However, if they sue you, you have an affirmative defense. You must raise it or you lose it.

If you want them to stop contacting you, visit my website at www.californiadebtblog.com and look for my sample letter to get them to stop contacting you.

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Answered on 6/28/07, 9:25 pm


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