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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26126
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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i have a 8 year old bill that was taken off my creidt ...

Customer Question

i have a 8 year old bill that was taken off my creidt report but it keeps getting passed from credit agency to creidt agency. now this one says they want my income and my out expense and then they will drop it., i am 65 and disabled. this is just getting to me. i know i owe it but if i had the money iw ould pay it
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 6 years ago.
What state are you in?
Customer: replied 6 years ago.
CALIFORNIA
Expert:  Roger replied 6 years ago.

In California, the statute of limitation on a credit card account (open account) is 4 years from the last activity on the account (charge or payment). If this has been more than 4 years, the debt is not collectible.

This is likely why they are willing to drop it without much fuss. Whatever you do, don't reaffirm the debt by admitting you owe it. IF you admit that the debt is valid, it can reaffirm the debt and cancel your statute of limitations defense.

You can agree to provide them what they ask to get the debt out of your hair, but maintain that the debt is barred by the statute of limitations and that you deny the debt is valid.

Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26126
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and other Bankruptcy Law Specialists are ready to help you
Expert:  Roger replied 6 years ago.
Please let me know if you have any additional questions. If not, please click "Accept" so I may receive credit for my time. Thanks.
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26126
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and other Bankruptcy Law Specialists are ready to help you
Customer: replied 6 years ago.
I THINK I DID IT RIGHT BUT I DO ACCEPT THE 15./00 CHARGE.

THANK YOU SO MUCH
Expert:  Roger replied 6 years ago.
You're welcome. Let me know if you have any additional questions.
Customer: replied 6 years ago.
Reply to Adam Kirk's Post: WOULD I NOT BE ADMITTING THAT THE DEBT IS MINE BY SENDING THEM THE NFORMATION THEY ARE ASKING FOR, MY INCOME AND BILLS.
Expert:  Roger replied 6 years ago.
Not necessarily. If you send them a letter with the requested information stating that you dispute the debt and the collection agency's right to collect the debt based on the applicable statute of limitations, but that in good faith and their agreement to remove the alleged debt from your credit report, you're providing the information requested.
Customer: replied 6 years ago.
IT'S NOT ON MY CREDIT REPORT IT WAS TAKEN OFF 3 YEARS AGO I AM SORRY TO KEEP BOTHERING YOU BUT JUST WANT TO MAKE SURE THIS IS TAKEN CARE OF ONCE AND FOR ALL INSTEAD OF BEING PASSED ON FROM COLLECTION AGENCY TO COLECTION ANGCY
Expert:  Roger replied 6 years ago.
Understood, and you're not bothering me. I think as long as you premise any correspondence with the fact that you dispute the debt, and that it is barred from collection pursuant to the applicable statute of limitations, you can cooperate with them if they agree to finally discharge the debt.
Customer: replied 6 years ago.
THANK YOU SO MUCH FOR ALL YOU TIME AND HELP WITH THIS MATTER YOU HAVE BEEN A REAL HELP. WHEN I GET A LITTLE MONEY I WILL ADD SOME MORE TO THIS ACCOUNT. GOD BLESS AND THANK YOU AGAIN

XXXXX XXXXX
Expert:  Roger replied 6 years ago.
That's not necessary. Good Luck!

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