Legal Question in Credit and Debt Law in California

Statute of Limitations and FDCPA

Collection agency has taken assignment of an alleged debt, and notified one or more of the 3 credit reporting agency. The alleged debt is time barred (claim on oral contract allegedly made in 2002), yet the collector refuses to remove the listing from the CRAs. Anyone know of any authority as to whether the scenario suggests an actionable violation of the FDCPA and/or the California counterpart?

Many thanks for the assist.


Asked on 7/11/05, 7:11 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Statute of Limitations and FDCPA

Even though a creditor cannot sue on the debt after the statute of limitations has run, it can be reported to credit bureaus for 7 years. You will probably need to take some action against the collection agency and the alleged creditor to get the information removed.

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Answered on 7/11/05, 7:19 pm


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