Legal Question in Credit and Debt Law in California

Re: Statute of limutations

It depends when the deficiency occurred. It may have run. If you fax your documentation to me, I can let you know if the statute of limitation has run.

Re: Statute of limutations

The statute of limitations would expire 4 years from the alleged breach of the agreement, unless you made payments in the interim and this might extend the statute. The lease agreement should specify when the overages were due.

I suggest sending the collection agency a letter via fax or certified mail disputing the debt and demanding that they stop contacting you about this debt. You can find sample letters all over the Internet for this. Inform them that attempting to collect a debt that is barred by the statute of limitations is a violation of the Fair Debt Collection Practices Act. Send a copy to the original creditor as well.

I would get a copy of all 3 of your credit reports for free and www.annualcreditreport.com and dispute any negative entries regarding this debt in writing.

If the collection agency continues to contact you after you send this letter, feel free to call my office for a consulation.

Re: Statute of limutations

in california, the statute of limitations for breach of contract is 4 years from the time you made your last payment on the alleged debt. therefore, under the facts you present, the statute of limitations would bar any creditor claims on this account at issue. thus, your creditors need to be notified in writing to cease and desist any further contact with you on this matter or be penalized accordingly by FDCPA civil and/or criminal remedies. you may want to have an attorney send such a legal letter for you, so no inadvertant mistakes or extortion type threats are accidentally made in this cease and desist letter. if you would such assistance, contact us directly today.