Legal Question in Credit and Debt Law in California
Today I received a call from a debt collection agency. They are trying to collect on a payday loan from 2004. When I asked for written proof of the original debt and date she refused to send it to me. She also told me the statue of limitations on payday loans was 15 yrs. She said also said court proceedings have already began and I only had 48 hours to stop them. Today is the first I'm hearing of any of this. Is she just trying to scare me, can they really do that?
3 Answers from Attorneys
They are trying to scare you. The statute of limitations is 4 years. Your response is correct. You should not accept the debt is owed and tell them you don't owe anything. If they sue you, you have a great defense and can probably make them pay your attorney's fees and court costs.
Yes, they are illegally trying to scare you. Get a good debt defense attorney.
The previous answers are correct. In fact, the ones who can be sued are them for lying to you.