Legal Question in Credit and Debt Law in California

Re: Past Due Collections

Some facts are missing, namely -- Did they get a judgment against you, or are they just trying to scare you into paying an uncollectible debt? If a judgment, it is good for 10 years and may be renewed for another 10. If just debt collectors, the statute of limitation is usually 2 or 4 years from when the last payment was made or the last payment was due, whichever is later, depending on whether it was an oral or written agreement.

Re: Past Due Collections

Unless the creditor already sued you and obtained a judgment, the time to sue on this debt is long past. Unless they have a judgment, they are just trying to scare you. In most caes like this the statute of limitations is either 2 or 4 years from the date of the last payment.

I would send the collection agency a certified letter stating that you dispute the debt under the Federal Fair Debt Collection Practices Act. Ask for validation of the debt and instruct them not to contact you anymore. You have find sample letters for free using Google. Keep a log of any future contact with them...this may set them up for a claim for damages.

Also, go to www.annualcreditreport.com and get a free copy of your credit report. Dispute any innaccurate or false entries in writing to protect your credit.

Re: Past Due Collections

You may have a claim against the collection agency under the FDCA (Fair Debt Collection Act). The statute of limitations could be 2 or 4 years. Please call me if you need further assistance or have any questions.