Can a debt collector attempt to collect a debt that’s past the statute of limitations?

In California, it is illegal for a debt collector to attempt to collect a debt that has passed the statute of limitations. The statute of limitations is the time period during which a creditor can legally bring legal action against a debtor. In California, the statute of limitations is typically four years, however it can be longer or shorter depending on the type of debt. When a debt is past the statute of limitations, it is considered “time-barred”, meaning the creditor can no longer take any legal action against the debtor. This means that a debt collector cannot sue the debtor in court, nor can they threaten to do so. They may, however, continue to contact the debtor to request payment. Debt collectors cannot use false or unlawful means to collect a debt that is time-barred. This includes saying that a debt can still be collected in court, or that the statute of limitations does not apply in certain situations. It is also against the law for a debt collector to attempt to collect on the debt by making false statements about it. In short, a debt collector cannot legally attempt to collect a debt that is past the statute of limitations in California. If a debt collector does attempt to collect on a time-barred debt, it may be considered a violation of the Fair Debt Collection Practices Act or California debt collection laws and the debtor may be able to take legal action against the debt collector.

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Can a debt collector attempt to collect a debt that’s past the statute of limitations?

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