Legal Question in Credit and Debt Law in California
Statue of limitations-credit debt
Is there a statue of limitations as to when the credit card companies can continue to collect on an outstanding debt? If so what is the number of years before they can no longer collect the outstanding debt and does it continue to apply if they have sold it recently to a collection company?
2 Answers from Attorneys
Re: Statue of limitations-credit debt
On a judgment, the statute is 10 years and a judgment can be renewed. If there has been no lawsuit, the normal statute is either 2 or 4 years from the date of breach. Please contact us if you have any other questions.
Re: Statue of limitations-credit debt
Usually it's 4 years from the breach, or 4 years after the last payment, whichever is later. If they're trying to collect beyond that, send them a certified, return receipt letter (keep a copy) telling them to cease and desist collection activities and, if they continue to do so, you would consider bringing a lawsuit against them for violation of the Fair Debt Collection Practices Act.
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