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Can a company keep me in their systems if it is passed the statute of limitation????

Los Angeles, CA |

I tried to open up a account with Macy's but got denied because they said that I had a account with them back in 2002 but I did not but even if I did since it is passed the statute o limitation should the account still be in there systems or can the keep it in there systems????

Attorney Answers 3


Yes, the creditor can keep the account information in their own system, if the creditor so chooses. The statute of limitations is merely a defense to a lawsuit brought against a debtor. The statute of limitations does not prohibit the creditor from keeping data about its former account holders.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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The SOL means that they may not sue the debtor on the debt or threaten to sue. There is no law that a creditor must to lend to everyone or delete their records, provided that they don't discriminate on an illegal basis for credit or employment. Perhaps you are the victim of identity theft. Did they tell you that the SSN or DOB matched the person in their system? Please read my legal guide for victims of identity theft, linked below. If so, this may be a more serious problem than getting credit at one store, but you should follow the steps in my legal guide.

Robert Stempler (please see DISCLAIMER below)
Twitter: @RStempler

NOTICE: The above statements are provided for general information purposes only and are not intended as legal advice or advice of any sort for a specific case or legal matter. If you do not have a signed attorney-client fee agreement with the Consumer Law Office of Robert Stempler, APC ("the Firm"), then until such written fee agreement is provided and signed by both a prospective client and attorney for a particular case, neither Mr. Stempler nor the Firm will represent you nor will they be your attorney in any matter and you remain responsible for retaining your own attorney and for compliance with any and all deadlines and for any statutes of limitations that may pertain to potential claims. Comments made on a public forum, such as, to not have any confidentiality because others may read them. If you desire a private consultation with Mr. Stempler that is confidential, please go to and submit a free eCase Review. The result portrayed for a client was dependent on the facts of that case. Results will differ if based on different facts. The Firm and Mr. Stempler are a debt relief agency. The Firm and Mr. Stempler help people file for bankruptcy relief under the Bankruptcy Code.

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