Legal Question in Credit and Debt Law in California

Statute on Limitations on Debts

I was waiting for construction on my home to be completed, five years ago in August and pre-paid one year for pager service so I could be reached in case of an emergency. I did not renew the service and have not heard from Foothill Paging since...until two weeks ago. I received a letter from United Financial Service demanding payment for an NSF check in the amount of $92.55 or risk ''legal action.'' When I called to inquire, I was told it was not an NSF check but rather failure to notify Foothill Paging that I was discontinuing service. I was also told that Foothill Paging is no longer in business and this ''debt'' was referred by ONESTOP WIRELESS whom apparently bought out Foothill Paging. My agreement with Foothill paging was signed while I was living in a temporary home and cannot be located so I can't confirm a cancellation clause. I believed I was only paying for the one year I had signed up for and the service would end at the end of the twelve month period I had paid for. My questions are: Is there a statute of limitation on an old debt like this and if there has been no other contact, can they really refer me to a collection agency four years after the fact? How should I handle this situation?

DMB


Asked on 7/14/02, 4:09 pm

1 Answer from Attorneys

Larry Rothman Larry Rothman & Associates

Re: Statute on Limitations on Debts

The statute of limitations is 4 years. If the debt is older and a collection agency is involved, you may have a lawsuit against the collection agency. I will provide you with free consultation if you fax me your documentation to 714 363 0229.

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Answered on 7/28/02, 1:29 pm


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