Legal Question in Credit and Debt Law in California
Statute of Limitations on Debt collection
I just received a letter from CAMCO stating that I owed on an old checking account. I tried to call the person in the letter and left 3 msg's. I didn't get a call back, on the 4th try I asked if the guy was in, she directed me to his manager. I hadn't EVER received anything about this before. They say it was a NSF back in 1989 and that I last made a payment on that account in 1990. I never made any ''payments'' on any account. I asked for the documentation, he told me first, that it would take 3 months for them to get me that and that they had a ''sworn affidavit'' that is was me who owed the funds and that if I asked for the documentation then CAMCO would not ''settle the account'' he said he would settle it right now, today for $150.00 but if I asked for the documentation it would be $566.18. Finally, I asked to speak to someone above him, he first told me that there wasn't any one above him, then he said that the General Manager wouldn't talk to me and that was nothing the GM could do. I am in California, which is where they say the debt was incurred. To this day there is nothing on my credit report. What is the California statute of limitation on such an issue?
2 Answers from Attorneys
Re: Statute of Limitations on Debt collection
Unless this is some special kind of debt. A written contract is 4 years. Looks like they are well beyond the time and you are dealing with a crooked collection agency. Sounds like you are doing the right things. I would continue to request the documents, in writing, if they call and if they ignore you, but you want the documents, hire an attorney to send 1 letter.
Re: Statute of Limitations on Debt collection
Statute of limitations is 4 years from the date of last activity. Tell them to quit bothering you, or you will sue them for violation of the state and federal laws regarding collection activities.
I see this all of the time.
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