Legal Question in Credit and Debt Law in California
What if I can't find original documentation? Is there a statute of limitations?
My car was totalled in Apr 2002. Lienholder was Chrysler. Insurance co paid lienholder. Chrysler sent letter saying debt paid, and pink slip was turned over to me. Since then, Chrysler has sent me a letter, had an attorney send me a letter, and had a collection agency send me a letter stating that I still owe money for car loan. I responded to all three by sending copies of the original correspondence from Chrysler stating that the debt was paid. These events occured in 2002 -and 2003.
The problem is that I received another letter from another collection agency last week stating that I still owe 5K. Unfortunately, I cannot find any of the correspondence having to do with the previous events.
What can I do to stop this collection agency problem? Chrysler, the lawyer. and the original collection agency all received copies 5-6 years ago.
The loan originated in 2000, and the last payment was made in 2002, before the insurance company issued their payment. Is there a statute of limitations?
I wish that I could find the missing documentation to make it easy.
1 Answer from Attorneys
Re: What if I can't find original documentation? Is there a statute of limitations?
The Statute of Limtitations is 4 years on a debt of this nature, generally. You have a few options, including calling your insurance company and asking for a copy of the letter. They should still have it.
Otherwise, send a validation letter to the debt collector. You can find a sample at my website, www.californiadebtblog.com
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