Legal Question in Credit and Debt Law in California

In the State of California regarding debts it states that the statute of limitation runs out after 4 years...If one owes debt and a collection agency still comes after you, what is the process to stop them from collecting and calling you beyond the 4 years? Also, how does one get these debts removed if a collection continues to put it on your credit report?


Asked on 11/01/11, 3:39 pm

1 Answer from Attorneys

First off, there are many things that can stall the running of a statute of limitations. So unless you have gotten an attorney's opinion that it has run, don't count on it. If it has actually run, the first step is a letter to the agency pointing out the facts that establish the debt is no longer collectible and demanding that they stop collection efforts or face fair debt collection practices charges. If they then persist, you will have to take them to court. Lastly, an unpaid debt is an unpaid debt, regardless of whether it is collectible or not. So you have no right to have your failure to pay removed from your credit report. It will stay there until the credit reporting agencies and the Fair Issacs credit score algorithm decide it is no longer relevant to your creditworthiness.

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Answered on 11/01/11, 4:01 pm


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