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Hi! I have an outstanding debt for around 5k. The debt was for a car loan.

I stopped making payments in early 2004 due to lack of funds. The car was repossessed in April 2004. I was told I would have to pay the difference on the loan after the sale of the car. The difference came to about 5k. I could not pay and eventually the debt was taken by a collection agency. My credit report shows the account was closed with the original credit institution (Telyesis Credit Union) but does NOT list a collection agency that bought the debt.

I have read that under california law the statute of limitations for debt incurred from written contracts is 4 years. The statute of limitations is thus UP for my debt. (april 2008)

HOWEVER, I keep receiving calls from several 'collection agencies' that keep trying to tell me I still owe the money. Including ERI collection agency which keeps threatening me with wage garnishment. If the statute of limitations is up then how can I still owe the debt??


An unpaid debt is collectible until paid. Just because SOL has expired doesn't make the debt go away. The CA now has no legal leverage to make you pay. They can sue but you have an affirmative defense, SOL. If they are threatening wage garnishment then they are violating the fdcpa by mis-representing the legal status of the debt.

Sub: #1 posted on Wed, 09/03/2008 - 03:29

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