Legal Question in Credit and Debt Law in California
Legal Debt Collection
A debt was incured in the State of California more than 10 years ago which is still outstanding. Two of the accounts have been discharged and two are being aggressively switched from one collector to another. They were calling me continuously at one point in my new state after I moved so a letter was generated asking them not to contact me anymore. Can I have this removed from my credit history and are they breaking the law?
4 Answers from Attorneys
Re: Legal Debt Collection
As the previous attorneys have accurately stated, you do have legal standing here. If you would like prompt, affordable assistance in holding these creditors accountable and/or removing the negative marks on your credit reports associated with this delinquent debt, contact us for a free phone consultation.
Re: Legal Debt Collection
You could have an attorney send a letter. They cannot collect the debt if it was included in a bankruptcy, creditor got notice, and the bankruptcy was discharged. They cannot sue if the debt is barred by the statute of limitations- which is generally 4 years under state law. Thanks. www.natebernsteinlaw.com.
Re: Legal Debt Collection
If the debts are legally uncollectible (i.e. a statute of limitation has run), then the collectors are running afoul of the federal Fair Debt Collection Practices Act. If you notify them in writing to leave you alone and they still don't do it, then you have a reason to sue them. Make sure you send your letters by certified-return receipt mail, and keep copies of those letters. You can also dispute the debts in writing with credit reporting agencies. Normally, these things should drop off the credit reports.
Re: Legal Debt Collection
Yes, they may be breaking the law as these are old debts. Additionally, they may be misrepresenting the nature of the debt on your credit report. If so, you may have a cause of action under the Fair Credit Reporting Act in which one potential remedy may be to delete it from your credit report.
For more free information, visit my web page: www.FLORIDACREDITLAWYER.com and look under articles. Please let others know of this web page as one of our firm goals is to inform consumers of their rights.
I would also suggest that you visit www.NACA.net to find a lawyer in your state which represents consumers in these type of cases [FDCPA & FCRA].