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


Asked on 3/02/07, 5:18 pm

3 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

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.

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Answered on 3/03/07, 11:29 am
Robert F. Cohen Law Office of Robert F. Cohen

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.

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Answered on 3/02/07, 6:08 pm
Jonathan Stein Law Offices of Jonathan G. Stein

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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Answered on 3/03/07, 9:57 pm


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