Legal Question in Credit and Debt Law in California

Re: Debt Collection

Credit card debt is based on a written credit agreement. The statute of limitation for breach of a written contract is 4 years from the date of the breach.

You can a Google search for a sample letter to dispute the debt under the federal Fair Debt Collection Practices Act. Send the letter via certified mail to the collection agency and keep careful records of all future contact you have with them.

You should also go to www.annualcreditreport.com to get a free copy of your credit report. Be sure to dispute all negative entries that might be in error. You will be able to see if the collection agency has reported this debt.

Re: Debt Collection

Good suggestions from Mr. Starrett. Include in your letter that the debt was discharged in bankruptcy and, if they continue to pursue it, you will ask for penalties against them from the BK court. Watch how fast they back off!

Re: Debt Collection

You may have a claim under the Fair Debt Collection Act. The statute of limitations is normally 2 or 4 years from the date of the breach. We would like to see the letter you received and can help you. The bankruptcy discharge may also discharge that debt even if the debt was not named in the bankruptcy.