California has a four year statute of limitations on credit card debt.
That means that after 4 years, the debt becomes "time barred," meaing no judgment can be obtained.
If sued, she can simply raise an SOL defense.
Addititionally, in 2014 the California legislature passed a new law -- the Fair Debt Buying Practices Act. The goal of the new law is to curb some of the previous abuses by debt buyers and provide more protections to consumers. the new law went into effect on January 1, 2014.
Under the new California Fair Debt Buying Practices Act, a debt buyer cannot take collection actions against you unless it has the following account information:
- your account balance when the creditor charged off your debt
- the amount of interest and fees added after the charge-off
- the date of the last payment you made or the default date
- the charge-off creditor’s name
- the account number of the charge-off debt
- your name and address that was on file with the charge-off creditor
- the names of every entity that ever purchased your debt, and
- a copy of your contract with the original creditor.
Under the Act, a debt buyer must notify you that you are entitled to receive this same information. To make sure this happens, the debt buyer must include this language in the first letter it sends you:
"You may request records showing the following: (1) that [insert name of debt buyer] has the right to seek collection of the debt; (2) the debt balance, including an explanation of any interest charges and additional fees; (3) the date of default or the date of the last payment; (4) the name of the charge-off creditor and the account number associated with the debt; (5) the name and last known address of the debtor as it appeared in the charge-off creditor’s or debt buyer’s records prior to the sale of the debt, as appropriate; and (6) the names of all persons or entities that have purchased the debt. You may also request from us a copy of the contract or other document evidencing your agreement to the debt. A request for these records may be addressed to: [insert debt buyer’s active mailing address and email address, if applicable]."
The Debt Buyer Must Provide Account Information Within 15 Days
If you request account information, the debt buyer must comply within 15 days. If it does not provide the requested information within 15 days, it must stop collection activities until it can get the information to you.
Requirements for a Debt Buyer Lawsuit
If the debt buyer sues you, the new law requires that the debt buyer put all of the above information in the complaint (the legal document it files with the court to start the lawsuit).
Finally, under federal law, a consumer can notify a debt collector at any time that they are to cease further communication with the consumer.
Simple send them a notice, citing FDCPA 805(c), that they are to cease communication with you.
