Legal Question in Credit and Debt Law in California

Statutes on charged off credit card debts

I have been contacted by a third party collection agency about a credit card debt that was charged off over 8 yrs ago,I heard there are statues of limitations on such things,And I also heard that a third party can purchase the charged off account but has no legal right to collect it if we object.Please let me know!! Aloha,Greg


Asked on 8/15/02, 8:34 pm

2 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Statutes on charged off credit card debts

You may have a case against the collection agency if it is past the statute of limitations. Please fax me your documentation for free consultation to 714 363 0229.

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Answered on 8/15/02, 10:30 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Statutes on charged off credit card debts

You should check your agreement with the credit card company, but ordinarily the Statute of Limitations on a debt based upon a writing is four years. The card company, therefore, cannot enforce its debt, or rather they can, but you have a defense. The assignee has no more right than the original company. They can, but you have a complete defense.

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Answered on 8/17/02, 11:13 am


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