Legal Question in Credit and Debt Law in California
Suing beyond the SOL
If a debt (specifically a credit card debt) has more than passed on its statute of limitations as far as being collected on, does that lessen the chance of some lawyer of collection agency trying to sue you on it? Or are the odds the same because they just assume that you are clueless when it comes to knowing about that stuff?
3 Answers from Attorneys
Re: Suing beyond the SOL
It depends who the collector is, and how much trouble they wish to face. Filing a lawsuit not collectible because it is beyond the statute of limitation might violate federal and state debt collection statutes to which a penalty could attach. Also, you might be calculating the statute incorrectly. If you are sued, it would be wise to retain an attorney.
Re: Suing beyond the SOL
You may have a a claim against the collection agency under the Fair Debt Collection Act. We will have to review any letters or documents that you have. If you need additional help, please contact our office.
Re: Suing beyond the SOL
It certainly lessens the chances but it does not eliminate the chance. You are correct in assuming that some collection agencies will try anything to get a default judgment against you, and they often succeed. Just because the SOL has run, does not mean they can not try to collect. However, filing legal suit when they know the SOL has run, is a violation. My office affordably handles these cases if the situation does arise.
Yours truly,
Bryan Becker
Member, National Association of Consumer Advocates
www.naca.net
877*201*8728
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