Legal Question in Consumer Law in California
If I write to my creditor to tell them that my debt expired 3 years ago under California's Statute of Limitations (4-years), and that I am not required or intend to pay this legally uncollectible debt, and that I demand that they stop contacting me...will my written contact create new activity in my account and allow them to re-enter negative information on my credit report, thus re-starting the 7-year cycle even though that derogatory information had already been on my credit report for 7 years and dropped off this year?
2 Answers from Attorneys
Yes, you can demand that they stop contacting you. Only a partial payment or a promise of repayment could possibly reset the statute of limitations. If some collection agency has re-aged your account and it appears on your credit report, this is a FCRA violation. creditboards.com
Michael i scorrect - write them and tell them to cease contact and that the debt is barred. Then file a report with the FTC.
Good luck,
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