Legal Question in Credit and Debt Law in California
how long can they call my house to collect on a credit card
the last payment was 1990 for a credit on a big screen tv. he and his ex wife at the time made the credit we are in 2006. they said they are taking him to court. can they do that? also the debt was for my husband. collector said new law is 14 years were they can come after him? he even told me he was taking him to court and told me who the debitor was. i am the third party did he violate any laws? he was very nastey to me he gave out alot of information the firm that called me was financial credit
847-925-2137 can you let me know
2 Answers from Attorneys
Re: how long can they call my house to collect on a credit card
Statute of limitation for breach of a written contract is 4 years. For installments contracts, the statute starts from the last payment. If the last payment was made more than 4 years ago and the debtor did not make any additional written promises to pay, I do not believe that the debt is collectable.
you can visit federal trade commission�s web site regarding collection agencyis obligations and thier restrictions.
Re: how long can they call my house to collect on a credit card
It is not uncommon for collection agencies to deliberately mislead debtors in this manner. The statute of limitations for a claim like this is 4 years from the date of the breach of contrat, which usually starts from the date of the last payment received.
Threatening to sue over a time-barred debt is a violation of federal and state fair debt collection laws. You can file a complaint with the Federal Trade Commission or take legal action againat the collection agency. I was recently successful in get a case like this dismissed, so you can contact my office if you need further assistance.
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