What is the statute of limitations on old debit in the state of California?

Question

Does the SOL apply to the resident state or the state the creditor is in?

Last payment was made July 2006, so they have until July 2010 to harass me? Has been charged-off by original credit and bounced around to 2-3 different "debit collectors"; I've not responded as concerned about "restarting the clock". How should I handle?

Answer 1

I am not certain of the California laws pertaining to "Fair Credit Reporting Act" (Federal Law administered by the Federal Trade Commission FTC), but under Federal law potentially negative items can be reported for 7 years from the date of last activity. Since the three major credit bureaus are "national" it is very likely that somewhere in the U.S.A. there will be credit file with your debt listed for the entire 7 years.

It is illegal (violation of the FCRA) for a creditor to "sell" your debt to a collection agency, just so the "new" collection effort "re-starts" the Statute of Limitations.

Look up the Fair Credit Reporting Act (FCRA), and the FTC on the internet for their procedures for disputing erroneous entries to your credit files. Also contact the California Attorney General's Office regarding Consumer Protection - Debt Collection Policies.

Answer 2

SOL in California is 4 years. You go by the state where the debtor made the debt.

Remember that the SOL is an affirmative defense if you are sued. It does not stop the collector from trying to collect. Also, if you make a payment, or in some cases, the promise of payment.

Answer 3

1) until it's collected.
2) neither