Question. Just got a call about old debt

[JaysonT]

You can see the law here:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=335-349.4

Point them to that and tell them to pound sand...

[LS2982]

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@Anonymous wrote:

Ok so they just called again this time my cell phone and said I need to make a payment. I started arguing with them and they said that the credit card judgment was a public record because I never tried to fight it and the SOL for CA is 10 years. I told her she is full of it and said STOP CALLING. Its off my credit report now so that means its past the SOL right??? Damn this is confusing

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Do not answer the phone for them from here on out. What CA is this??

Send the letter CMRR and also let them know you will be contacting an attorney if the collection efforts persist.

[LS2982]

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@JaysonT wrote:

You can see the law here:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=335-349.4

Point them to that and tell them to pound sand...

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thats a new one!

[Anonymous]

If the case already went to judgments thats a little different.  SOL technically refers to how long they have to sue --if they already sued and it turned into a judgment, a judgment can remain active for 10 years in Cali and can be renewed every ten years.They may have a default judgment meaning they sued you, you didnt fight it or didnt appear and the account was turned into a judgment. 

Yes it could be off the credit (though I thought judgments can stay a little longer) but it can be used for collection for 10 years or longer if renewed.  This means they can take the judgment, get a writ of execution and garnish your wages or take money out of your checking account.

[JaysonT]

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@LS2982 wrote:

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@JaysonT wrote:

You can see the law here:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=335-349.4

Point them to that and tell them to pound sand...

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thats a new one!

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At least I stopped at sand and did not complete the rest of the colorful phrase.

[Anonymous]

CA as in SOL for California sorry I didnt type it out. Ok im not answering these calls anymore and im going to drop this letter off on the way home. I threatned with a attorney but she didnt budge. I think im working myself up a little more than I have to. So my checklist is send them the letter, DONT PAY THEM A DIME, DONT ANSWER THE PHONE!!!

[Anonymous]

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@JaysonT wrote:

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@LS2982 wrote:

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@JaysonT wrote:

You can see the law here:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=335-349.4

Point them to that and tell them to pound sand...

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Again, those are laws (Statutes of Limitations) which govern how long they have to sue.  I think (and forgive me if I am wrong) but they orignial poster said the case has already gone to judgment and therefore he was already sued, possibliy within those time frames.  If its a judgment, now they can collect how ever long they want --depends on the amount if they will go to the expense of writs of execution.  (Im an attorney and can attest they can be very expensive-- probalby wouldnt do if its a $500 judgment, might if its several thousands)

I would ask that they provide a copy of the judgment so you know if they really have one!

[LS2982]

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@Anonymous wrote:

CA as in SOL for California sorry I didnt type it out. Ok im not answering these calls anymore and im going to drop this letter off on the way home. I threatned with a attorney but she didnt budge. I think im working myself up a little more than I have to. So my checklist is send them the letter, DONT PAY THEM A DIME, DONT ANSWER THE PHONE!!!

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+1

Let the letter do the talking.

[Anonymous]

Yes this is exactly what she said. And yes I never showed up so they won the judgement. Stupid mistakes we make when we are young.

[LS2982]

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@Anonymous wrote:

Yes this is exactly what she said. And yes I never showed up so they won the judgement. Stupid mistakes we make when we are young.

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Well that changes it, who is the CA?

Do you have details of the debt? (DoFD, amount, OC)