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SOL ? for CA

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ekc



Joined: 01 Mar 2007
ekc's page
Posts: 1



30 Magic Points

Subject: SOL ? for CA
 
Posted on Thu Mar 01, 2007 5:02 pm  

Does anyone know the collection law of CA regarding collection agency collecting on expired debt..
thanks
stanley
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stanley

Joined: 23 Feb 2007
stanley's page
Posts: 54



3357 Magic Points

 
Posted on Fri Mar 02, 2007 6:04 am  

4 years for written contract and 2 years for oral agreement. What type of debt you have? Remember, SOL clock starts from the day of last activity shown in your account. If you make an agreement to pay it, or pay a single penny, the clock restarts.
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Stan
BTW, I am not a lawyer, I am here to share what Life has taught me.
cinnamngrl

cinnamngrl

Joined: 01 Nov 2008
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Posts: 1320



6366 Magic Points

 
Posted on Sun Jan 09, 2011 8:17 pm  

So if the debt is past the statute of limitations for the state of CAlifornia, then you have an affirmative defense in court. this means that they can file the suit and you can raise the SOL to have the case dismissed. Usually, if you tell the collector that you are aware that this debt is past the SOL, they will stop trying to collect. Trying to collect in itself is not illegal. if they call your house, you can send a cease and desist letter. This will make it illegal for them to call.
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