Legal Question in Credit and Debt Law in California
Debt was paid over 6 1/2 yrs ago 3rd party trying to collect.
Over 6 1/2 years ago with the help of Consumer Credit Counsling of Los Angeles I finished a debt repayment program. Recently a debt recovery company served me with a summons trying to collect on one of the accounts that was paid off. Consumer Credit counseling has purged all records due to the age, They said they would send me a letter notifing me of this. My question is this: Is there a Statute of Limitations on something like this and without physical proof how can I fight it? Thank You
1 Answer from Attorneys
Re: Debt was paid over 6 1/2 yrs ago 3rd party trying to collect.
Yes. The statute of limitation in California for a contract claim is either two or four years (two years if the contract is verbal, four if in writing). If the collection company is suing you for breach of contract, open book account, money lent, money had and received, or similar cause of action, their claims would have expired two years ago.
However, it is extremely important that you properly respond to the complaint within thirty (30) days of service. If you don't, the creditor can obtain a default judgment and, even though you have a valid defense, the court will enter a judgment against you. It is extremely important that you consult with an attorney immediately to protect your rights.
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