Is there a statute of limitations on collecting a credit card debt ?
Country relating to Question: United States
State (if USA): California
nothing was just notified
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Yes, there is. When was the last time that you paid anything (even a penny) towards the debt?
20 years , just notified last week, never shoed up when I bought a house
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According to California Code of Civil Procedure § 337(1), the statute of limitations for a written contract is four years. Now a statute of limitations is NOT a debt forgiveness statute. It does not mean that you no longer owe the debt. A statute of limitations for debt is an affirmative defense a defendant can use if the time for filing an action (a lawsuit) has exceeded what the state allows. In all but a few states, the passing of a statute of limitations does not prevent a plaintiff (a collection agent or original creditor) from filing an action. If the statute of limitations has passed, the defendant (the debtor or consumer) must raise this defense before the conclusion of the trial. The court will dismiss the case if it accepts the statute of limitations defense.A statute of limitations for debt does not:
So the debt collector can continue to try to collect, but you should (1) NOT ACKNOWLEDGE that you owe anything. Let them know that regardless if you ever had a debt owed, the statute of limitations has passed, and you're not going to pay even a penny, and (2) let them know that if they want to try to collect, take you to court and you're going to file an answer and dismissal asserting this defense.
They will almost certainly drop the matter.
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Licensed Texas General Practice Attorney
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