Legal Question in Credit and Debt Law in California
recourse
I have several debts from nine years ago which I unfortunately never paid. However, this year a couple of them have started sending letters once again to try to collect the debts. Isn't the statute of limitations in California seven years? Can they still come after me after the sol is over? What can I do now? Thank you for any and all help you can give. I appreciate it.
4 Answers from Attorneys
Re: recourse
If the debts were never turned into judgments, they cannot be collected after four years or after the last payment, whichever was later. If they are judgments, they can be renewed before 10 years have expired. That's likely the reason they're all rearing their ugly heads. Otherwise, you can't be required to pay, assuming they're not student loans or taxes that have other periods of limitation.
Re: recourse
You may have a claim against the collection agency under the Fair Debt Collection Act if the statute of limitations has run. Please call me if you have any questions.
Re: recourse
If you have not made a payment in over 4 years on the debts at issue, the statute of limitations would consequently bar your creditors' claims against you at this point, unless these are judgment creditors, in which the statute of limitations is 10 years if they are not renewed. If no judgments exist, then you should send a cease and desist legal letter, notify your credit reporting bureaus and lawfully threaten legal action against any creditor who does not cease and desist collections efforts, effective immediately. If you would like prompt, affordable legal assistance in this matter, contact us directly for a free phone consultation.
Re: recourse
You will need to find out if the debts have been turned into judgments. I can assist you with this. If not, and you have made no payments, then the collectors are probably hoping to trick you into making a nominal payment in order to revive the statute of limitations. Do not fall for it. The law says that if you hire an attorney to write them a letter telling them to contact you no more, then they cannot contact you any more.