Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.*
Welcome to JustAnswer,So sorry to hear of this dilemma. If my answer is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button.
The statute of limitations in California for the collection of most debts is 4 years. Provided you have not made payments within the four-year period, it would appear that the statute of limitations has run. The statute of limitations is not related to your credit report and the information on your credit report will not affect the collectibility of the debt.
Please use the REPLY button if you have any questions concerning my answer. Otherwise please click ACCEPT so that I am paid by the site for answering.
If it is four years why do they keep trying to collect and send me notices?
so it sounds like I should wait it out and just let the information expire on the credit report in 2013. Is that what you are saying?
The expiration of the statute of limitations does not prevent creditor from attempting to collect. This is a common misconception. The creditor may continue to attempt collection however if the creditor files suit after the expiration of the statute of limitations, you may have the action dismissed
If the statute of limitations has run on your debt, it would appear to be in your best interest to not file bankruptcy but rather simply let the information expire on your credit report
I think this is what you are asking.Please use the REPLY button if you have any questions concerning my answer. Otherwise please click ACCEPT so that I am paid by the site for answering.Best wishes for a Happy and Healthy New Year!
Thanks. that is what I needed to know. Now I understand. thanks I will pay for this advice. It's been bother me a long time.
I wish you the best of luck
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).