Legal Question in Credit and Debt Law in California

I recently recieved a notice from a colection agency saying that I owe them $10,000 for a house that I forclosed on 5 years ago. I can not afford to pay this back and was wondering what my options are.


Asked on 1/26/10, 8:33 pm

3 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

If it has been more than 4 years since the last payment that you made, they can no longer file a lawsuit to collect the debt. Write them a certified letter telling them that you dispute the debt for this reason and instructing them not to contact you again. If they do contact you again, contact a local attorney about your rights under the Fair Debt Collection Practices Act.

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Answered on 1/31/10, 8:39 pm
Daniel Bakondi The Law Office of Daniel Bakondi

I can help you by writing a letter to them if you like. Please contact my office.

Daniel Bakondi, Esq. [email protected] 415-450-0424 IMPORTANT NOTICE: No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.

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Answered on 1/31/10, 8:57 pm
Melvin C. Belli The Belli Law Firm

It depends on what the $10K was for. If it was on the first and it was your residence then you don't owe them anything due to the Anti- Deficiency Statue in California. If it was for the second then they can sue you but the time within which they had to sue you has probably run. At most they had 4 years for the date of the foreclosure sale and possibly less.

Write them a letter disputing the debt and telling them not to call you anymore. Send it certified mail return receipt requested. Wait for their response and then re-post your question with it for further help.

Good luck and hope this helps.

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Answered on 2/04/10, 2:21 pm


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