CA. Staute of limitations?

[Rintaro]

What is the California Statue of Limitations on Credit Card Debt?

[keepmine]

4 years.

[Rintaro]

Are you sur eof this? Where Can I find out this info?

[keepmine]

Are you sur eof this? Where Can I find out this info?

http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml

[Rintaro]

http://www.creditinfocenter.com/rebu...itations.shtml

Thank You so much for the link and your replies

[HHM]

Keep in mind, unless you are prepared to sue the collection agencies with those old accounts, the Statute of Limitations is of absolutely NO USE to you.

And even if you sue them...guess what happens to the debt, it will get sold again.

[Rintaro]

Well if the SOL has Expired then they can not collect on it so it is of use to prevent Collectin activites and negative credit reports

Keep in mind, unless you are prepared to sue the collection agencies with those old accounts, the Statute of Limitations is of absolutely NO USE to you.

And even if you sue them...guess what happens to the debt, it will get sold again.

[jp2861]

Keep in mind, unless you are prepared to sue the collection agencies with those old accounts, the Statute of Limitations is of absolutely NO USE to you.

And even if you sue them...guess what happens to the debt, it will get sold again.

HHM: Please explain what you mean by the SOL being of no use. You usually have good info but this one left me scratching my head.

[HHM]

You have to understand...SOL is an an affirmative defense to a claim, meaning the burden is on the Debtor to demonstrate that the SOL on a particular claim has expired. Thus, the SOL's main, and really only, use is if you get sued. The big grey area in the consumer credit realm is what happens to the SOL defense for non-judicial collections. At this point, we are at the intersection of legal compliance and practical reality. The FDCPA does not bar a creditor, CA, or debt buyer from using non-judicial collection efforts to try to collect a debt that is outside the SOL. SOL only bars an entity from suing you to collect and threatening to sue you to collect. When it comes to your credit report, again, the practical reality is, (as many on this forum are familiar with), you can dispute, investigate, etc, until you run out of ink, but unscrupulous CA's will continue to report the old debt in violation of FCRA.

Hence, if your goal is to rely on SOL to try to stop non-judicial collection and get your credit report repaired, you are spinning your wheels...unless you are prepared to take every CA who comes in contact with your old debt, to court.

[Rintaro]

You have to understand...SOL is an an affirmative defense to a claim, meaning the burden is on the Debtor to demonstrate that the SOL on a particular claim has expired. Thus, the SOL's main, and really only, use is if you get sued. The big grey area in the consumer credit realm is what happens to the SOL defense for non-judicial collections. At this point, we are at the intersection of legal compliance and practical reality. The FDCPA does not bar a creditor, CA, or debt buyer from using non-judicial collection efforts to try to collect a debt that is outside the SOL. SOL only bars an entity from suing you to collect and threatening to sue you to collect. When it comes to your credit report, again, the practical reality is, (as many on this forum are familiar with), you can dispute, investigate, etc, until you run out of ink, but unscrupulous CA's will continue to report the old debt in violation of FCRA.

Hence, if your goal is to rely on SOL to try to stop non-judicial collection and get your credit report repaired, you are spinning your wheels...unless you are prepared to take every CA who comes in contact with your old debt, to court.

Excellent info & Insight. & I am willing to seek legal action against those who violate FDCPA laws, I am not worried about collection letters from Expired SOL Debts The most they can do is send letters re-sell debts & I can ignore them. I simply send letters requesting VALIDATION and hopefully that is enough, however if this one particular CA does not cease its actions on my CR for a Long expired debt I will seek legal action.

As with every process there is legal avenue and CA can send letters as long as they want if I know the debt is expired I have no problem ignoring it throwing the letters in the shredder and moving on with my day. If these same CA try to file suit I will present SOL defense.

just as using SOL in defense of a non Judgement collection activity is spinning my wheels, so is the CA spinning wheels trying to collect a debt they will get no where, they can not legally Levy funds, or garnish without judgement so they are wasting resources on a debt holder who knows their rights and is willing to play the game. If one CA gets sued then re-sells the debt, Well if that same debt is past statue I am still willing to play ball with any CA assuming invalid debts or reporting violations to my CR. I am not foolish enough to send in payment on an expired debt.

It is no problem for me to shred those collection letters , I use the pink envelopes for confetti at my daughters Birthday party ;)

[jp2861]

You've got the right idea. Don't for a minute think that the SOL is useless. It keeps them out of court and out of your pocket. Simple complaints to the FTC and your AG will back them down in most cases. The FTC has a good reputation for following through on complaints.

Excellent info & Insight. & I am willing to seek legal action against those who violate FDCPA laws, I am not worried about collection letters from Expired SOL Debts The most they can do is send letters re-sell debts & I can ignore them. I simply send letters requesting VALIDATION and hopefully that is enough, however if this one particular CA does not cease its actions on my CR for a Long expired debt I will seek legal action.

As with every process there is legal avenue and CA can send letters as long as they want if I know the debt is expired I have no problem ignoring it throwing the letters in the shredder and moving on with my day. If these same CA try to file suit I will present SOL defense.

just as using SOL in defense of a non Judgement collection activity is spinning my wheels, so is the CA spinning wheels trying to collect a debt they will get no where, they can not legally Levy funds, or garnish without judgement so they are wasting resources on a debt holder who knows their rights and is willing to play the game. If one CA gets sued then re-sells the debt, Well if that same debt is past statue I am still willing to play ball with any CA assuming invalid debts or reporting violations to my CR. I am not foolish enough to send in payment on an expired debt.

It is no problem for me to shred those collection letters , I use the pink envelopes for confetti at my daughters Birthday party ;)

[Rintaro]

You've got the right idea. Don't for a minute think that the SOL is useless. It keeps them out of court and out of your pocket. Simple complaints to the FTC and your AG will back them down in most cases. The FTC has a good reputation for following through on complaints.

What is AG?

[HHM]

AG = Attorney General