Legal Question in Credit and Debt Law in California

Statute of Limitations on credit card and cell phone debt

Hello, I was wondering how I can go about disputing a debt from over six years ago. I know that the statute of limitations has run out on both debts. One of them is from 1999, a cell phone bill that I was told would be taken care of. I have disputed it before. They cannot prove it is my debt, do not have my signature on anything, no contract, or anything. But now a different collection agency is trying to collect on it. This is now on my credit report twice. If I respond to them, is that the same as acknowledging that the debt is valid? They have no date listed on this debt, so it is showing as current. Is re-aging illegal?

The second debt came out of nowhere. The letter is from Resurgent for a little over $100. I have no idea what it is for, and do not want to call them to find out, but do not want have this adversely affect my credit. Any help provided will be helpful. Thank you so much for your time and help.


Asked on 2/03/08, 6:10 pm

1 Answer from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Statute of Limitations on credit card and cell phone debt

For debt #2, send them a validation letter. You can find a sample at my blog, www.californiadebtblog.com.

For debt #1, re-aging a debt is illegal. You should dispute it with the credit reporting agency. You may also want to contact an attorney about bringing a claim for violation of the Fair Credit Reporting Act.

Read more
Answered on 2/04/08, 12:44 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California