Legal Question in Credit and Debt Law in California
statue of limtiations
My grandfather owes creditors and now one creditor is suing him while the statue of limitations is up what can he do now I answer the telephone and they want me to pay can they come after me for his debt that is 4 years old?
3 Answers from Attorneys
Re: statue of limtiations
Legally, a debt can't be collected that is beyond the statute of limitations. It is a violation of the Fair Debt Collection Practices Act (FDCPA) to file suit on such a debt.
Also, unless you co-signed for any of your grandfather's debt, you are not legally liable for it. It is also a violation of the FDCPA to communicate the existence of the debt to you, or to ask you to pay it.
Re: statue of limtiations
a DEBT COLLECTOR MAY NOT COLLECT A DEBT THAT IS OUT OF STATUTE.
i WOULD WRITE THE DEBT AGENCY AND TELL THEM THIS CASE IS OUT OF STATUTE AND THAT UNLESS THEY DISMISS SUIT WITH PREJUDICE THAT YOU WILL SUE FOR VIOLATION OF FDCPA.
Re: statue of limtiations
See a lawyer immediately. A creditor cannot collect a debt that hasn't been paid in more than four years. Sorry to say, some of them lie to the court and say the consumer has made a recent payment. A lawyer can obtain documents from them to disprove that assertion or, if they have none, can get the case dismissed. Please let me know if I may be of assistance.