Legal Question in Credit and Debt Law in California
Debt Validation & Statute of Limitations
Qucik question- If I get a collections letter from an agency and I send them a debt validation letter, and the debt can be validated even though statute of limitations has run out and I have no recollection of this debt, what happens next?
Thank you for your time!
3 Answers from Attorneys
Re: Debt Validation & Statute of Limitations
The debt may remain on your credit. You should try to have it removed. We would need to review the collection letter and debt validation that you received.
Re: Debt Validation & Statute of Limitations
The debt collector will either go away or they will file a lawsuit. If they file a lawsuit, you should immediately contact an attorney so you can pursue FDCPA and Rosenthal Act violations and you do not waive any of your rights or defenses.
Re: Debt Validation & Statute of Limitations
If it is beyond the time limit, truly beyond it in all arguments, then they should do nothing on collections. If they do, you have a possible case against them.