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Credit card company trying to sue me past the statute of limitations

San Bernardino, CA |

Received a call from a law office who is trying to serve me on behalf of Bo Fa for a credit card I had a long time ago . It was been over 7 years and that account has already fell of my credit report . How do I respond to this and tell them / the court that the statute of limitations has passed ? Should I attach a copy of my credit report as evidence ? Any help is appreciated !

Attorney Answers 4


  1. They can still try to collect. Often times it is a ploy to get a reaffirmation. Legally they cannot sue you unless it is reaffirmed. One option is to sue them for declaratory relief to establish that they cannot sue you for it which would probably stop them.

    This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation. Call us for more information. 619.797.5456 www.mataelelaw.com


  2. Do not try to argue; they are not interested in listening. Next time they call, say no more than (1) the statute of limitations has passed, and (2) they should not call you again. If you get more calls, see a lawyer experienced in debt collection.


  3. How do you know that a law office is trying to serve you? If the only reason that you think that is because they are telling you that on the telephone (or they are having a fake "courier" call you) then you are probably dealing with a scam collection agency.

    Think about it, why would any law office tell you that a process server was coming? It would just make the process server's job tougher.

    For now, you can respond to the callers by letting them talk to your voice mail. Arguing with them will do you no good. Save all voice mails for review by an attorney.

    I suggest that you have your situation reviewed by an experienced consumer rights attorney. You can look for one at www.naca.net.

    Skaar & Feagle, LLP maintains offices in Marietta (770 427 5600) and Decatur (404 373 1970), Georgia. The information ("the answer") provided above is for general information and educational purposes only. The answer should not be taken as legal advice for any individual case or situation. Posting the question and reviewing the answer does not constitute an attorney-client relationship. My firm will ask you to sign a written contract prior to the commencement of representation in any attorney-client relationship. Please contact 770 427 5600 or 404 373 1970, if you wish to discuss your situation further. Skaar & Feagle, LLP accepts select consumer rights cases. These cases include, but are not limited to, cases of abusive and unlawful collection activity, debt defense, credit reporting of false or obsolete (old) information, high interest lenders (title pawns, payday loans), debt management plans, and fraud or unfair practices in the sale and financing of automobiles.


  4. I recommend you contact an attorney if they continue to call you and harass you. You may want to consider having an attorney write a cease and desist letter on your behalf.

    Either find an attorney on avvo or caoc.org.

    Best of luck.

    Ian A. Scharg, Esq.
    Law Offices of Mark A. Redmond
    555 Capitol Mall, Suite 770
    Sacramento, CA 95818
    (916) 444-8240
    Elder Abuse. Fraud. Class Actions

    This is not legal advice and does not create an attorney-client relationship. You should consult an attorney if you have any questions regarding this matter.

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