Legal Question in Credit and Debt Law in California
Statue of limitations on Credit card debt 20 yrs old
I had a credit collections agency contact me about a 20 yr old debt. I mentioned the statue of limitations and they told me that only pertains to credit reporting agencies. They tricked me into sending them money, $5.00 a month So far I have sent them $10.00 in cash not checks. since then I found out that I do not owe this money after the time peroid that has past. However I have sent them money and someone told me that I may now be responsible for the debt again. I never signed anything, I talked to them on the phone only. My question is did I reopen the case and Now I am responsible for the debt again or are they just baiting me.
Thank you for any help you can give me.
3 Answers from Attorneys
Re: Statue of limitations on Credit card debt 20 yrs old
You may have restarted the statute of limitations by making payments on a debt on which the statute may have already expired. Possibly fortunately for you, they might not be able to prove you made these payments. If they can, they might well be able to sue you.
Re: Statue of limitations on Credit card debt 20 yrs old
There are really two issues. Yes, it appears that you waived the Statute of Limitations defense. That does not mean that you cannot defend the action, if they chose to file against you, and, it seems you have a defense. You could have avoided all of this, had you not acknowledged the debt by making a payment.
Re: Statue of limitations on Credit card debt 20 yrs old
I think you have a lawsuit against the credit collection agency under the
Fair Debt Collection Act for fraudulent representations. If you fax me all of your documentation to 714 363 0229, I will contact you and advise you of your rights and remedies.
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