Legal Question in Credit and Debt Law in California
Statue of limitations on credit card debt and how do I know?
I recently recieved a letter from a attorney who says hes collecting for a credit card that was written off a long time ago. There has been no activity on this account since 1998 Im pretty sure so I was surprised to get something now. It is due to come off my credit report in 05 the credit reporting agency said it was late 8/98 which led to the charge off. My question is how do I find out how long it has been since there was any activity without contacting this attorney and aknowleding the debt? I do not want to talk to him untill I can send something knowing I am right about the statue of limitations. Also I live in MN now and have for two years, it is 4 years in Ca but 6 years here. Which would apply for me, the debt was incurred in Ca but its a MN attorney writing me. I also want to be able to do this before the 30 days he gave me to respond before he takes further action. If you could please help me and tell me what step to take next I would appreciate it. Thank-you
2 Answers from Attorneys
Re: Statue of limitations on credit card debt and how do I know?
I suggest you simply ask the attorney for a Bill of Particulars, which will show all of the charges they are attempting to collect. If he sued you, you would be entitled to one by way of Discovery. You don't have to be afraid to talk to the attorney. It just might help!
Re: Statue of limitations on credit card debt and how do I know?
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. We may be able to sue this company in California under the State and Federal Fair Debt Collection Act.
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