When you are contacted by a debt collector over a debt, you may not even know what they’re referencing. However, after receiving a debt validation notice, you may find the debt in question is years old. Before you make a payment, it’s important to understand whether or not the statute of limitations has passed on a debt. If you’re unsure what this is or how long a debt can be collected after it’s taken out, the following blog explores what you should know about these matters and why it’s imperative to connect with a San Diego County debt collection harassment lawyer for further guidance.
What Is a Statute of Limitations?
In criminal and civil matters, there is a statute of limitations to pursue justice. Essentially, this is the amount of time that can elapse between an event and when you can no longer legally file a case. If the statute of limitations elapses, you are no longer eligible to file a lawsuit.
As such, the statute of limitations for debt collection in California is four years. This means that legally, once this time has elapsed, you are no longer responsible for making payments to the creditor. If the collector did not take steps to collect the debt or initiate a lawsuit, you’ll find they have no legal standing to pursue the debt.
It’s important to understand that in some instances, the statute can be reset. This means that an action or event has occurred to restart the clock. For example, if you make a payment on the debt right before the statute of limitations is up or after it has elapsed, it will reset. As such, the collector will have four years from the date you make the payment to pursue collection.
If the Statute of Limitations Has Passed for Debt, Can a Collector Call?
Once the statute of limitations has elapsed, you are no longer legally responsible for making payments to the collector for the amount owed. It’s important to understand that, as mentioned, certain actions can reset the clock on the debt, meaning you will once again have a legal obligation to make payments or face a lawsuit.
You should also note that a collector can attempt to call you in an attempt to recover the funds you owe. However, because the statute has elapsed, they cannot take legal action like filing a lawsuit. If you are being repeatedly contacted over an old debt, and it constitutes harassment, you’ll find that this can violate the Fair Debt Collection Practice Act (FDCPA). As such, you may want to pursue a lawsuit against the collector for violating your rights as a consumer.
If you are being harassed or sued for a debt that has passed the statute of limitations in California, it’s in your best interest to connect with an experienced attorney who can guide you through these complicated times. At Barthel Legal, our dedicated legal team will do everything possible to help you receive justice for the violations you’ve suffered. Connect with us today to learn how we can fight for you.
