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

Asked about 1 year ago - 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)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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... more
  2. Scott Richard Kaufman

    Contributor Level 20

    5

    Lawyers agree

    Answered . Yes.

  3. Robert Harlan Stempler

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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)
    www.StopCollectionLawsuits.com
    www.facebook.com/SoCalConsumerLawyer
    Twitter: @RStempler

    NOTICE: The above statements are provided for general information purposes only and are not intended as legal... more

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