Legal Question in Credit and Debt Law in California
Deadline for judgement to be filed
How long after the last payment is made to a debt collector, do they legally have to file for ''judgment'' of any other sums still owed on said claim?
Is it true that a lawyer firm collecting more then three times a year is a
''Debt Collector'' unless an employee full time for original collector?
Does a ''debt collector'' of any caliber have the right to file for ''Judgment'' after receiving a ''Cease and desist'' letter?
1 Answer from Attorneys
Re: Deadline for judgement to be filed
The statute of limitations on the debt is four years if it is a written contract and two years if it is an unwritten contract. A lawsuit can be filed within that time by either the original creditor or anyone the creditor has assigned the debt to. If a lawsuit is not filed within that time period, which starts counting after the last payment, then they are out of luck.
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