Legal Question in Credit and Debt Law in California

Got a call from a debt collector he was telling me that i would need to make a payment to prevent them from taking me to court for forced recovery is this real or a scare tactic?


Asked on 3/16/17, 11:53 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Debt collectors sue people all the time for outstanding debts. One thing to look at is when was the last time you made payment. There is usually a four-year statute of limitation for bringing suit from the last date of payment on a written agreement such as a credit card or bank loan. If it's beyond that time, a lawsuit could face problems if you have appropriate legal representation.

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Answered on 3/16/17, 12:21 pm

It's worse than a scare tactic, it is very likely an effort to revive the statute of limitations on the debt if it is more than four years since the last billing or payment on the account. Making a payment on an account after the statute of limitations has run starts the four years running again.

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Answered on 3/16/17, 1:08 pm


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