How to Legally Stop Collections That Are Past the Statute of Limitations in California
In the state of California, the statute of limitations for debt collection of written contracts is four years from the date of default. For oral agreements, the statute of limitations is just two years. Credit cards and loans fall under the written contracts section. Collection agencies do sometimes try to collect on debt after the statute of limitations has expired. If that is the case, they cannot legally sue you for nonpayment. However, there is a good chance they will try to collect until you stop them.
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Instructions
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Get the mailing address for the collection agency from a collection notice or from your credit report. You can get a free credit report each year from the Annual Credit Report website (see Resources).
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Write a letter to the collection agency to let them know that the statute of limitations in California has expired. Demand that they immediately cease their collection efforts. A sample letter can be found on the Debt Consolidation Care website (see Resources).
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Send the letter via registered mail from your local post office. This will give you a signed proof of delivery, in the event that the agency does not cease their efforts and you have to take them to court for violating the Fair Debt Collection Practices Act (FDCPA).
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Tips & Warnings
If you have to take the collection agency to court, Debt Consolidation Care advises you to do this through small claims court.
Some debts, such as student loans and child support, do not have a statute of limitations.
References
Resources
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