How long can a CA claim a debt against you
Date: Sat, 11/18/2006 - 08:20
As far as the 7 years you mentioned, that is the time period tha
As far as the 7 years you mentioned, that is the time period that a debt can stay on your credit report, but depending on the type of debt and your state's SOL laws, it can be valid longer than the 7 years, and a CA can legally still try to collect on it.
Have you sent the CA a debt validation letter yet? If not, I certainly would do that, and also check out your state's SOL laws to see if a CA can still legally try to collect.
I found this on credit.about.com: [quote]The Fair Debt Collec
I found this on credit.about.com:
[quote]The Fair Debt Collection Practices Act (fdcpa) does not place any limits on how long a collection agency may attempt to collect on a debt; it does prevent a debt collector from threatening to sue you to collect the debt if the statute of limitations has run.
The statute of limitations - the time during which a lawsuit may be filed against the debtor regarding the debt - differs from state to state, and depends on what type of underlying transaction (i.e. a check, credit card debt, auto loan, etc.) gave rise to the debt; the seven year period refers only to how long a debt may be reported on your credit report. Check the laws in your state to determine the applicable statute of limitations for your particular debt.
Although a debt collector may continue to try to collect on an old debt, even if the statute of limitations has run, a debt collector may not:
-Threaten to sue on the debt.
-Report the debt to a credit reporting agency if the date of delinquency is more than 7 years ago.
-Continue to collect on the debt after you request, in writing, that they "cease and desist" further collection activity.
-Continue to collect on the debt after you inform them, in writing, that you refuse to pay the debt.
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I hope this helps. It has helped me.