Legal Question in Credit and Debt Law in California

Statute of Limitations

Hello,

I have received conflicting information on CA law regarding the limit on collecting debts. Specifically I'm referring to credit card debt that was written off in 1993. I recently received a notice of intent to collect that debt. Am I still liable for repayment of the money?

On a related note, can I expect the negative credit information to disappear from my credit report next year?

Thank you.


Asked on 11/09/99, 12:58 am

2 Answers from Attorneys

Joshua Genser Joshua G. Genser, Attorney at Law

Re: Statute of Limitations

The longest statute of limitations that could apply to

the credit card company's claim against you is 4 years.

However, there are many situations where that term

can be extended,so you should consult with an attorney.

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Answered on 11/12/99, 12:46 pm
Thomas W. Newton Tims & Newton

Re: Statute of Limitations

In reply to your inquiry, let me offer the following:

I agree with Mr. Genser, both on the 4 year statute of

limitations, and the fact that the statute can be extended

under certain circumstances, such as making a

payment, or a new promise to pay.

You should contact an attorney in your area for a

consultation. Ideally you would talk to an attorney

that specializes in debtor-creditor, or consumer

law.

Best of luck, and feel free to let me know if you have

questions or comments. Now, let me give the

"de rigeur" caveat:

The foregoing information is provided as an

accommodation only, and does not constitute legal

advice or a legal opinion based on a comprehensive

review of all relevant facts and documents, nor can

provision of such information be construed as

creating an attorney-client relationship.

Read more
Answered on 11/12/99, 9:30 pm


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