Legal Question in Credit and Debt Law in California

My husband received a collections letter regarding an account for a second on a house he bought in 1996, then lost in 1998. The house was sold in whatever fashion they use, but the second wasn't taken care of. It has now been 11 years since we have heard anything about this account because is was part of an acquisition of another company by Wells Fargo. Is there a statute of limitation for collecting this account? We need help!


Asked on 10/15/10, 10:02 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The statute of limitations was four years. Don't pay them or promise to pay them anything. If they sue, make sure you see an attorney right away.

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Answered on 10/20/10, 10:15 pm
Steven Simons Law Office of Steven A. Simons

Michael is right - Four years from breach of a written contract. Do not pay them, do not agree that the debt is valid or even your husbands. You will need a lawyer if they sue because there are some legal issues that coul dcome up depending on the terms of the contract.

You may want to consider a brief consultation with an attorney now. It is possible that a written response from an attorney pointing out that it is a violation of the Rosenthal FDCPA for a collector to try and collect on a debt that is clearly time barred.

Good luck

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Answered on 10/21/10, 5:42 am


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