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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 112668
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I had a debt collector contact me through the mail. I sent

Customer Question

I had a debt collector contact me through the mail. I sent them back a letter stating that I want a letter of validation from them on the proposed debt i owe. They sent back an invoice from Tmobile that had a last bill date of august 2006 I am in california, has the statue of limitations passed? if so what can i do so they can drop this case and what can I do to drop it from the credit report?
Submitted: 5 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 5 years ago.
Yes, the statute of limitations has passed in California. The statute of limitations is 4 years on written contracts. You need to send them a letter telling them that pursuant to the Fair Debt Collection Practices Act you deny owing this debt and that the debt is also time barred debt under the CA 4 year statute of limitations. You need to inform them that as it is time barred debt, you are demanding they cease and desist any further contact regarding the debt except to acknowledge this demand and tell them failure to do so will be a violation of the Act and you will pursue legal action by suing for up to $1000 per violation plus attorney's fees and filing a complaint with the federal Fair Trade Commission as provided for under the Act.


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