Legal Question in Credit and Debt Law in California
Statute of limitations
I recevied a letter from a collection agency that stated they purchased an old acct of mine.
the letter said if I dispute this acct to inform them in writing within 30 days.
I sent a letter a few days later informing the CA that I disputed this acct & asked them to provide written verification.
1 month later the CA sentme a copy of a contract I signed back in 1998 the acct was c/o in 3/99 and no activity was made since.
3 days later I recived a phone call from their rep attempting to collect the debt,I then sent them a letter asking for them not to contact me any further in regards to this debt and told them it was past the sol to collect.
since then I have recieved another letter from them advising me that they see no basis for my claim and are putting my acct in active collection status.
can they do this since is past the SOL to collect?
2 Answers from Attorneys
Re: Statute of limitations
Unless a judgment was entered, the statute of limitations would be a valid defense. You may also have a lawsuit against the collection agency under the Fair Debt Collection Act. Please contact my office for assistance. If you fax the collection letter and your documents to me at 714 363 0229 with your phone number, I will call you and let you know if you have a case.
Re: Statute of limitations
Based on the facts presented, yes it is a defense, and they should not be pursuing you at all.
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