Legal Question in Credit and Debt Law in California

Attempt to Collect A Debt After Statue Of Limitation Is Up

I reside in the state of California. I have collection agencies attempting to collect a debt that is over 7 years old.

I was told by a paralegal that the statue of limitation to collect is 4 years for California and a negative can remain on your credit report for 7 years. And its illegal for a collection agency to attempt to collect an ''old debt'' nor can they file a law suit after 4 years.

Is this true and If so, How should I handle the collection agencies? What can I use as a legal reference?


Asked on 1/18/05, 8:02 pm

1 Answer from Attorneys

Larry Rothman Larry Rothman & Associates

Re: Attempt to Collect A Debt After Statue Of Limitation Is Up

Most debts are subject to the statute of limiations. Some debts, such as student loans may not be dischargable. We need to review your collection letters. If you fax it to me at 714 363 0229, I can call you on Tuesday to let you know if the statute of limiations has past. Our firm handles cases throughout California. Our phone number is 714 363 0220.

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Answered on 1/22/05, 7:06 pm


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