Monday, August 3, 2009

What is the statue of limitations on a credit card debt in California?

Credit card company wrote off the debt in 1997. Now a credit it agency is trying to collect.

What is the statue of limitations on a credit card debt in California?
ok.this is easy for me :)......If the cc debt was placed in collection in 1997 the debt has a statute of limitation of 7 years. Now keep in mind that if you've ever made a payment to that agency in any of that 7 year period you 7 years starts all over again.





You can also be sued by the collection agency for the debt during that 7 year period if the debtor decides to pursue you in small claims court.





The best way to remedy this is to file a chapter 7 Bankruptcy if you have other debts that are non-secured. This will stay on your reporting credit for 10 years and will wipe them out completely.





If you choose to wait it out....Then stick to your guns and DO NOT pay the collections agency. When they call tell them never to call you again at home or work!. They are governed by the Fair Debt Collections and Report Act and once you tell them NOT to call they have to abide by what you've told them to do. If they call you again....keep a log of the dates and times they've called and report them to your attorney and sue them for harassment!!
Reply:they have redone the laws on credit cards they can now hound you for 15 years and if you own a house they can put a lean on it or they can get part of your pay or SS i send mine 5.00per mo and they cant do a thing to me and O do they hate it if they don't take it then you pay zip you must take them to Cort
Reply:I'm no expert in credit card debt in California, but I'm fairly certain that just because a creditor has written off debt, it does not preclude them from attempting to collect that debt. Unless you have some sort of bankruptcy protection, they should be able to attempt to collect any debt that has not been paid, regardless of whether or not it has been written off by the creditor. Oh yeah, also, it's a "statute," not a "statue."
Reply:I found two sites that say 4 years

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