Legal Question in Credit and Debt Law in California

Is There A Statue of Limitations on Credit Card Debt

I started getting calls from American Express this week (which I thought was about my wife's card they were calling for) about a $1,200 I owed them. But the hook is: it's for an outstanding balance in 1987-88 (yes, 19 years ago)!! I was 26 at the time, and got into money problems then. I couldn't pay it, and just walked away from it. It wasn't that much money, and likely not worth their pursuing it. So I figured they would drop it. Eventually they did just that after annoying calls, letters, etc. End of story. I Never heard from them ever again in nearly 20 years.

I was living in Massachusetts at the time. I now live in Los Angeles, CA (since 1993). The debt appeared on my credit report as a ''charge off'' for many years. It eventually disappeared from the report some 8 to 10 years ago.

Now for some bizzare reason, almost 20 years later in Sept. 2006, out of the blue, they started calling me about this week about this.

Is there a statute of limitations on this? It's been almost 20 years. I have never heared peep from them in this time.

If there isn't one, does it matter as to where the debt occured (in Mass.) or where I now reside (in Calif.)?

Do they still have any legal grounds after all 19 years?

Thanks!


Asked on 9/29/06, 1:05 pm

1 Answer from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Is There A Statue of Limitations on Credit Card Debt

Normally, the statute of limitations on a written obligation in California is 4 years. The Collection Agency may have violated the Fair Debt Collection Act and you may have a case against them. Please call me if you have any other questions.

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Answered on 10/15/06, 1:11 pm


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