I stop paying my credit card in july of 2004 then i just recieved a summons from someone stating i have a court date. no court date is on the form but it shows that it has been filed on july 7th. I wonder if the debt
collection company just filed before the limitations run out.
When does the statue of limitations for California debt start?
(Note to Yahoo: All links provided below are free, not spam, and are for informational purposes only)
Richard is incorrect, the SOL in CA can NOT be reset by any payments after the account has been charged off. Below is a link to the actual text of the law.
http://whychat.5u.com/States/state-ca.ht...
If I am reading the law correctly, the "last item" would be any payment or charge before the account is closed and charged off.
You need to demand a complete accounting of this account so you can tell exactly when the last charge or payment was made. If they cannot or will not provide the account, push to have the case dismissed on the grounds that the SOL has likely expired.
You can also visit the forums at Debtorboards.com and CreditBoards.com as they all have excellent info on how to defend yourself from these lawsuits.
Reply:7 Years, every time your credit is renewed.
Reply:The credit card SoL in California is four years, running from the last activity.
'Activity' is the last time you made a payment, or the last time you used the card, or any written communication from you about the card.
Sounds like they did, indeed, file to squeeze in under the wire.
Richard
Reply:Most States require it to pass at least seven years for it to be removed from a credit report.
However in recent years the creditor has opted to sell off the bad debt to a third party in which buys it at a discount.
Please note however that payment of any type to those parties results in acceptance.If you do not pay it and they are indeed a third party then you cannot be forced to make payment on the debt.
But if it is a valid debt then they may only place liens against real or personal properties to satisfy such debts.
Additionally if it is a circumstance for you as an option to file for bankruptcy you may do so,but it can cost $500.00+ to do so.At no time however can they jail you for a failure to pay a debt,unless it was from fraud.
floral
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