Legal Question in Credit and Debt Law in California

I previously asked about this last year but would like additional information.

My Mom is continuing to receive calls from a collector about my brother who went bankrupt a few years ago and doesn't live there.. I believe this company is one of those junk debt collectors that the legal community might know about, people who buy debt that's already been discharged or paid by insurance or written off for taxes, etc. I think the name of this company is Midland Credit Management.

My question is how long will they continue? Is there a time limit, legally or otherwise? It's been going for maybe 5 years. I can't imagine they would still be trying 5 years from now. They have been repeatedly told he doesn't live there and not call back both politely and not so politely but they still do. If it's not one company it's another but I really think it's the one I mentioned above for recent calls. They are using a recording, trying to be intimidating by saying if anyone continues to listen they are acknowledging they are the person being sought. They're not considering a message left on a machine.

I believe they are in violation of that Federal law regarding debt collection and would like to make these people pay themselves if it was worth it.

They take a break for a couple of months then start over again and have recently.

Thank you very much.


Asked on 5/21/11, 2:50 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

There are a few issues here. If these debts were incurred before your brother filed his bankruptcy, they would have been discharged when he received his bankruptcy discharge. They might be violating federal bankruptcy law by attempting to collect on a discharged debt.

If they are debts that were incurred post-bankruptcy, the statute of limitation might be two or four years from when the last payment was made or became due, whichever is later, depending on whether there was a signed, written agreement. If it's more than four years, then they might be violating debt collection laws. A letter from an attorney might stop them from harassing your mother. If she would tell them to never call her again, then they are required to stop. If they don't, they could face legal penalty if sued, as well.

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Answered on 5/22/11, 11:31 am


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