Can a debt collector sue me after the statute of limitations has expired?

No, a debt collector cannot sue you after the statute of limitations has expired in California. Under California collection defense law, the statute of limitations prevents creditors and debt collectors from filing a lawsuit against you if too much time has passed since the debt was due. The statute of limitations generally lasts either four or six years, depending on the kind of debt and whether an acknowledgment of debt has been made. However, this does not necessarily mean that you no longer owe the debt. Even though a debt collector cannot bring a lawsuit against you after the statute of limitations has expired, they may still contact you and attempt to collect the debt. If they are successful, then the debt will remain on your record and could be reported to a credit bureau. If a debt collector attempts to sue you after the statute of limitations has expired, you may have some protection. California debt collection laws allow borrowers to file a lawsuit for “unfair debt collection practices” if a debt collector attempts to collect a debt after the statute of limitations has expired. When this happens, the debt collector may be responsible for costs and damages, depending on the outcome of the case. You should consult with an experienced attorney if you find yourself in this situation.

Related FAQs

What is a writ of garnishment?
Can a debt collector sue me after the statute of limitations has expired?
What is a Creditor Bill of Rights?
How do I negotiate with a debt collector?
What is a debt validation letter?
Can I sue for damages if I have been the victim of deceptive collection practices?
What should I do if I receive a judgment against me?
What rights do I have under the Fair Debt Collection Practices Act (FDCPA)?
Can I file a lawsuit against a debt collector in violation of the Fair Debt Collection Practices Act (FDCPA)?
How can I protect myself from illegal collection practices?

Can a debt collector sue me after the statute of limitations has expired?

Related FAQs

Related Blog Posts