Statue of Limatations collections from california?

Question

I live in Texas now but have some collections from california. the oldest one is from 2001. i checked on suze ormans site and according to the statue of limitations for california they have 4 years for written and 2 years oral for credit cards. My question is that if those statues are correct and the collections I have on my report have no activity since 2001 to 2003 can the creditors still try and collect on them. and should I just leave them alone and not pay and let them drop off.? Shouldn't they drop off after 7 years or before?

Answer 1

The Ca. 2 year SOL is when the creditor solicits the credit card to you without you first requesting credit. (§ 339)
The 4 year SOL is when you requested/applied for credit with the creditor. (§337)

The SOL starts to run from the last time you made a charge or a payment on the account before the account is charged off. (once the account is charged off, NO payment will reset the collecting SOL)

Texas SOL is 4 years from the last payment or charge before the account was charged off. (§ 16.004)
(the collecting SOL CAN be reset IF there is a written contract to pay AFTER the charge off - § 16.065)

Texas has a borrowing act
§ 16.067. CLAIM INCURRED PRIOR TO ARRIVAL IN THIS STATE.
(a) A person may not bring an action to recover a claim against a person who has moved to this state if the claim is barred by the law of limitations of the state or country from which the person came.
(b) A person may not bring an action to recover money from a person who has moved to this state and who was released from its payment by the bankruptcy or insolvency laws of the state or country from which the person came.
(c) A demand that is against a person who has moved to this state and was incurred prior to his arrival in this state is not barred by the law of limitations until the person has lived in this state for 12 months. This subsection does not affect the application of Subsections (a) and (b).
Texas Consumer Lawyer For

If you are past the collecting SOL, you have a legal right to not pay and to send the collector a SOL letter informing them the account is no longer legally collectible. A correctly worded SOL letter could hold them accountable for continued collections, selling the account, suing, etc.
If you inform the collector that the account is past the collecting SOL, unless they are dumb as fence posts, they will not sue. If they are stupid enough to file after receiving a SOL letter, the judge will definately not like it. Plus you would be able to file counters for the violations they have committed.

If you do not inform them that the account is past SOL, including a full C&D in that letter, the collector would have a legal right to try and continue collections by sending letters, phone calls, etc. - though it would be a violation if they file suit on a time barred debt. If you do not send a SOL letter and they file suit, it would be up to you to use an affirmative defense of SOL in your answer to the summons.

Just because the accounts fall off of your credit report does not mean the collector has to stop all collections.

If you are not past the collecting SOL, the collector has a right to continue collections, including suing.

You should never speak to a collector by phone, always do all of your correspondence by mail.
If you send "anything" to a collector you should never put your signature on your letters. Only print your initials or type your name
You should always send everything to a collector by certified mail return receipt.

If you plan on paying, you should request validation first. When the collector properly validates you should send a letter requesting that they agree to a reduced amount as "payment in full" and that they will remove everything they have placed on your credit reports.

If you are past the collecting SOL and send them a SOL letter, when you receive the green cards back from the mailing, send disputes to the CRA's for any inaccurate info that the collector is reporting.

You might click on my profile and do some reading in the links I've provided for the FDCPA, FCRA, etc.

Answer 2

They should drop off your bureau after 7 years but dont always because the bureaus are inundated with paperwork. You may have to initiate the process. I recommend credit repair unless you have lots of time and a high tolerance for aggravation. Some things are better left to the professionals. Usually companies charge hundreds of dollars to simply pull your credit and send correctly worded dispute letters—this is the key…..people will tell you that you can do this yourself for free but the truth of the matter is that the credit bureaus will throw your letters away or simply reject them. There is an easy to use online kit that will deliver the results you want available for just $19.95 at the source website. A similar kit is being sold via infomercials and radio talk shows for seventy dollars more but they try to solicit you repeatedly for other services after the fact.

Answer 3

according to hazard Annazz could enlighten us with a source to her fact that funds owed stay on your documents for 8 years...while the FCRA for sure states 7. besides, i'm afraid you're screwed. The Statute of barriers could be reset while you're making a fee on the debt. whether, the credit reporting date can't be reset. they won't place this debt on your checklist for greater then 7 years from the date of the 1st delinquency. you assert they despatched this to a diverse series enterprise? i'm questioning in the event that they even understand you made a fee. deliver them a letter annoying that they validate this debt and prepare precisely what you owe and each and all the documents. i flow to guess they won't grant you with this information.

Answer 4

Statue of Limitations? Is it something like the Statue of Liberty?
No, I've never heard of this Statue before.