What type of debt is not subject to collection?
In California, collection defense law outlines which types of debt are subject to collection and which are not. Generally, debts from government agencies, such as taxes and traffic tickets, are not subject to collection and must be handled differently. Additionally, debts that have been discharged through bankruptcy, debts that have been fully paid, and debts that have been statute-barred (older than 4 years) are also not subject to collection. Likewise, debts that are not legally enforceable are not subject to collection, such as those resulting from an oral agreement or contract or those where the debt cannot be proven. Additionally, punitive damages, legal fees, and non-monetary debts, such as "debts of love" or sentimental debts, are not subject to collection. Debts related to student loans, credit card debt, medical bills, and other consumer debts are generally subject to collection. Further, collection defense law outlines how creditors must behave when attempting to collect on such debts, and the rights a consumer has for disputing such debts and stopping collection activities.
Related FAQs
How do I determine if a debt collector is in violation of state collection laws?What remedies are available if a debt collector does not follow the Fair Debt Collection Practices Act (FDCPA)?
What can I do if a debt collector is misrepresenting themselves?
How do I know if I need a collection defense lawyer?
What can a debt collector do if I file for bankruptcy?
How does bankruptcy affect my collection defense rights?
What types of cases does a collection defense lawyer handle?
What is a judgment?
What is the responsibility of a debt collector with regards to debt collection and accuracy of information?
What kind of proof do I need to file a collection defense lawsuit?
Related Blog Posts
A Beginner's Guide to Collection Defense: What You Need to Know - July 31, 2023What is the Fair Debt Collection Practices Act and How Does It Affect Your Rights? - August 7, 2023
How to Challenge Unfair Collection Tactics - August 14, 2023
Common Collection Defense Strategies that Could Help Your Case - August 21, 2023
Understand Your Rights: What You Need to Know About Collection Defense Law - August 28, 2023