Legal Question in Credit and Debt Law in California
dept collection
how far back in time may a collection company go to collect a dept
3 Answers from Attorneys
Re: dept collection
Either two or four years depending on if there is no judgment and it is an oral or written contract. If there is no judgment and the debt is older, you may have a claim against the collection company under the FDCA. Please call me if you have any questions.
Re: dept collection
If the debt's on a credit card or written agreement, generally it's four years since the last payment was due that the creditor is permitted to file suit. However, collection agencies have been known to improperly go way beyond four years to attempt to collect the debt.
Re: dept collection
The general rule is that a written agreement, or contract, has a 4 year statute of limitations. If the debt is older than that, then they cannot collect it. However, I just had a client contacted on a 13 year old debt. So, it does happen.
You may wish to read more at my blog, www.californiadebtblog.com
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