Legal Question in Credit and Debt Law in California
Statute of Limitations
I was contacted two years ago regarding a debt that the last activity date was at bet March 1997. They threatened to sue. I pointed out that they couldn't. They have pushed and threatened. Now they are in fact trying to sue me. I received some papers in the mail. They are actually claiming that I made an oral agreement on Oct 30, 2001 to settle the account but backed out. Can they be serious and win this?
3 Answers from Attorneys
Re: Statute of Limitations
The burden of proof that there was a verbal agreement is on them. On top of that, they would need to prove that the "new" agreement contained adequate consideration, such as foregiveness of the original obligation. Since, based on your comments regarding their attempt to collect on the original debt, that does not seem likely.
Without details, such as what the original debt was for, what correspondence and communications you have had with the original debtor and collection agency, it is hard to determine your options.
Re: Statute of Limitations
please give me more additional facts regarding your case and i can better assist you on your legal options and rights.
Re: Statute of Limitations
You may have a lawsuit against them. Please contact our office and ask for Mary to set up an appointment with me for free consultation.
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