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I have a CC debt that i stopped paying back in sept of 2003, 6 years later still being harassed...
Los Angeles, CA
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Posted about 1 month ago in Debt Collection
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A little about my situation, back in Sept 2003 i lost my job and i could not afford to pay the CC company, i went on about 6 months without a job. Things started to pile up fast, fast forward to today i checked my credit and there seems to be like 2-3 different creditors coming after me for the same debt from the same CC company. Whats worse is they call and harass me that they will levy my wages and freeze my bank acct if i dont pay them. Now in the state of California i understand statue of limitations is 4 years. However, can they still come after me in court if they decided to file? The amount has grown from $4500 to now $14,000 6 years later. Worse part about it is there is 3 negative marks on my credit from the same debt but through different collections agencies, what to do?
Answers (1)
Pamela Koslyn
This attorney is licensed in California.
Posted about 1 month ago.
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The statute of limitations in CA is 4 years from the date of breach of a written contract, so if anyone sues you on this debt, you have a good defense. And if they do, you'll be the prevailing party and you'll get your legal fees from them.
As for the harassing calls, you can write them "cease" letters and demand that they stop, and threaten litigation if they don't. Advise them that you're not going to pay this debt because the statute of limitations has expired, and if sue, you'll prevail, get your legal fees, and then sue them for malicious prosecution. Please see the links below - make sure you send the letters by certified mail or Fed-Ex to have proof of receipt, and keep copies. As for the negative dings to your credit, you may be able to dispute the redundant ones with the credit bureaus because they're duplicative, but you'll likely have at least one, which is deserved. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. |
