Legal Question in Credit and Debt Law in California

credit card debt statue of limitations

I was just contacted by a collection agency regarding a debt that was charged off in 1990. I told them they are way past the statue of limitations but they said I am still being held responsible to pay this debt. Is this true and if they are past the statue of limitations, how do I go about getting them to stop contacting me? I was told the statue of limitations in California is 4 years. What are the facts? Please advise


Asked on 11/02/04, 7:40 pm

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: credit card debt statue of limitations

the statute of limitations in california is 4 years from the date of your last payment to the creditor at issue. if this statutory period has elapsed, there is no legal action that can be subsequently initiated against you since it would be procedurally dismissed before it even got to trial.

Read more
Answered on 11/02/04, 9:40 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: credit card debt statue of limitations

You're correct in that the statute of limitations is four years, measured from the time you last paid on the account, or the time the last payment was originally due. If the card company didn't get a court judgment against you, they're too late now.

Read more
Answered on 11/03/04, 12:06 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California