QUESTION
What should I do if I have been contacted by my creditors?
Asked on Nov 09th, 2011 on Bankruptcy - California
More details to this question:
I received a phone call from a collection agency trying to make me pay a bill from 1997 that's no longer on my credit record.
8 ANSWERS
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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Depending on the debt, it may be non-collectable after that much time. However, simply because it isn't reported anymore does not mean it is non-collectable.
Answered on Dec 27th, 2011 at 2:07 PM
Family Law Attorney serving McDonough, GA
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South Atlanta Family Law
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If it is a valid debt and you do not make arrangements to pay them, they can sue you and obtain a judgment against you. If you get sued you can request that they provide you with a copy of the credit card agreement you signed and the evidence of assignment of the debt to the collection agency. In some cases, the court may dismiss the case if they cannot provide evidence of an agreement.
Answered on Dec 27th, 2011 at 2:03 PM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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Although the statute of limitations for suing you on that debt has expired, you still owe it and creditors can contact you.
Answered on Dec 27th, 2011 at 12:24 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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Tell them you have no legal obligation to pay the bill and won't pay it and ignore them and they will go away eventually.
Answered on Dec 22nd, 2011 at 7:23 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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The usual statute of limitations is four years. You cannot be sued for a debt you incurred in 1997. Write a response such as a letter to inform them of this.
Answered on Dec 22nd, 2011 at 5:55 PM
Glen Edward Ashman
First of all, do not talk to a creditor by phone. If a creditor calls, hang up and never say a word. If the contact was by letter, DO respond, but use words crafted by your lawyer. Whether a debt is on your credit report or not is irrelevant. However, if the statute of limitations has run they can't sue. One proper drop dead letter will get rid of such folks. One improper step may revive a statute of limitations.
Answered on Dec 21st, 2011 at 8:21 PM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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Do not speak to them. Do not acknowledge them. If you agree that you owe it, you have reset the statute of limitations. Right now it is dead. In the trade these are referred to as zombie loans. Let it stay dead.
Answered on Dec 21st, 2011 at 8:10 PM
judith runyon
The Statue of Limitations in California for suing you for a debt that is more than 4 years since you either used it or made a payment on it is the law. The creditors can continue to call you - just not sue you.
Answered on Dec 21st, 2011 at 7:45 PM