Legal Question in Credit and Debt Law in California

Re: Debt from divorce 12 years old

The statute of limitation for breach of a written contract is 4 years. If it has been more than 4 years since the repo, the are out of luck. Write a letter to the collection agency telling them that you dispute the debt, the statute has expired and demand that they never contact you again. If they make another attempt to contact you, contact a local attorney who handles claims under the Fair Debt Collection Practices Act and pursue a claim for damages.

Get a copy of your credit report from all 3 credit bureaus and dispute any incorrect information.

Re: Debt from divorce 12 years old

In addition to what Mr. Starrett suggests, make sure that the last payment was more than 4 years ago. If you or your ex- make any payment now, the clock starts running again, so it's wise not to do so. If I can help, please let me know.

Re: Debt from divorce 12 years old

Mr. Starrett and Mr. Cohen gave you good advice. You should talk to your husband and find out if he has made any payments recently. That will affect the statute of limitations.

You should also consider a consultation with a consumer attorney in your area. You can find some at www.naca.net and you can read more about this at my blog, http://www.californiadebtblog.com