Legal Question in Credit and Debt Law in California
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Hello,
I have some credit card debt that I have ignored from about 8 years ago or so. Recently, some credit collection agencies have been trying to collect on it, plus interest. Through reading your other entries, I believe that the statute of limitations for California is eight years. If I tell them/write them to stop contacting me while referring to the sol, do they still have the legal rights to make me pay? Is it still on my credit history/fico score? Thank you for any and all help.
2 Answers from Attorneys
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The statuute of limitations to file suit for a debt based upon a written contract is 4 years from the last activity on the credit card account.
They can maintain a chargeoff or delinquency notification on your credit report for 7 years.
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The statute of limitations is actually 4 years, not 8. I would send each collection agency a certified letter informing that you dispute the debt and instructing them not to contact you regarding these disputed debts. Then I would get a copy of all of your credit reports and send them letter disputing any negative entries regarding these old debts.
If the collection agencies continue to contact you, call my office because you might have a claim for damages under the federal Fair Debt Collection Practices Act.
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