Legal Question in Credit and Debt Law in California
What is the Statue of Limitation on Credit Card debt?
I'm being called almost every day about a credit card debt that happened back between 1985 and 1994. I think it was paid.My credit report does not Indicate any bad marks on this account. A place called Capital Acquisitions & Management Company want me to settle for $494.20. I took out bankruptcy in 1988. and all bills were discharged. The reson for the bankruptcy was a divorce. Can they do this?
4 Answers from Attorneys
Re: What is the Statue of Limitation on Credit Card debt?
4 year statute of limitations. Tell them to mail you the information so that you can get their address. They are violating state and federal collection laws.
Re: What is the Statue of Limitation on Credit Card debt?
If this debt was prior to the bankruptcy, this creditor is in for big trouble (you need to handle it properly though) and if the debt was after bankruptcy, and there were no payments or other matters done so that the limitations period is passed, the Creditor is in violation.
Re: What is the Statue of Limitation on Credit Card debt?
The Statutte of Limitations is 4 years on a writen contract, 2 years on an oral contract and 10 years on a judgment. We not only can help you defend this case, but we can represent you in a lawsuit against them under th Federal and State Fair Debt Collection Act. Please call our office at 714 363 0220.
Re: What is the Statue of Limitation on Credit Card debt?
I have dealt with CAMCO in another case and have seen some of their tactics - which are egregious.
If they are in violation of the FDCPA, you may be able to take them to court and sue for the violation - including monetary recovery. I can file this case for you and may be reached at 858.405.5881. I have offices in Orange County and San Diego.
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