Legal Question in Credit and Debt Law in California
Statute of Limitations
What is the statute of limitations in California to collect on back rent? My lease was for 6 months and I moved from my residency in CA to NY in July 1999 before the lease expired. The apartment complex was able to rent my apartment by August 1, 1999, so no loss of rent was experienced by the property. I was contacted by a collection agency in November 2005 saying I owed back rent + interest. What are the ramifications to my credit report if the Statute of Limitations has expired and they cannot legally collect?
Thank you for your help!
2 Answers from Attorneys
Re: Statute of Limitations
There's a 4 year statute of limitations when a written contract is involved. It does not sound like this debt can be legally collected. However, the collection agency has the right to ASK you for the money though they don't have the right to SUE you for it.
If it is a valid debt, it can stay on your credit report for 7 years. In your case, it sounds like the debt is not valid, so if it is on your credit report, I would challenge it.
Re: Statute of Limitations
I would tell them not to contact you again, and any collection effort of an uncollectible debt violates the Fair Debt Collection Practices Act. If they persist, you can find an aggressive attorney who can sue and get penalties and attorney's fees.
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