Legal Question in Credit and Debt Law in California
statue of limitations on credit card debt
I have been notified by a collections company regarding credit card debt from 1989. They tell me they have bought these existing debts and plan to collect on them. These charges were written off back then but they call me and send me letters saying I am responsible for the debt. First is this true? Second, can they put this debt back on my credit report? Third, should I send them a letter telling them I am not responsible for the debt any longer and to stop harrassing me at my home? I have not contacted them or spoken with them when they call. I believe the statue of limitations is 4 years.
Thank you for your time.
3 Answers from Attorneys
Re: statue of limitations on credit card debt
Please fax your correspondence to me at 714 363 0229 and include your phone number. I will call you and advise you if you have a case or what to do to resolve your problem. You may have a claim against it. I handle these types of cases throughout California.
Re: statue of limitations on credit card debt
The statute probably is four years, but certain actions may have "tolled" the statute.
To get them to leave you alone, there are two good options. First, you could pay a lawyer to write one quick letter. After that, they can't contact you anymore.
A more fun option is to have fun with them and ask if they'll accept a big bag of Canadian nickels or if you can go to their corporate office and rake leaves to work off the debt. They'll soon understand that you're not going to pay them and they'll leave you alone.
I suppose a good third option is to write them and tell them that, in light of the facts, their actions constitute a violation of your rights under the Fair Debt Collection Practices Act. I don't know if that's true, but it might scare them off.
Re: statue of limitations on credit card debt
they should not be collecting at all, if this is that old and their have been no payments or other actions. They may end up paying you.