Is there a statute of limitations on debt settlement?
Yes, there is a statute of limitations on debt settlement in California. In California, the statute of limitations for debt settlement is either two or four years, depending on the type of debt. Generally, the two year statute of limitations pertains to written contracts, while the four year statute of limitations pertains to open-ended accounts such as credit cards or unpaid medical bills. The statute of limitations is important to consider when seeking debt settlement because it dictates how much time a creditor has to take legal action on a debt. After the statute of limitations has expired on a debt, the creditor can no longer pursue legal action against the debtor to collect on the debt. In addition to being aware of the statute of limitations that applies to their debt, it is essential for California consumers to also understand their other rights when it comes to debt settlement. For instance, California consumers are guaranteed certain protections under the Fair Debt Collection Practices Act and California Consumer Credit Reporting Agencies Act. These acts provide protections against harassment, unfair debt collection practices, misrepresentation, and other unlawful debt collection practices. It is important to note that the statute of limitations on debt settlement can be reset by certain activities such as making a partial payment on the debt or agreeing to a payment plan. Furthermore, certain types of debt, such as student loan debt or back taxes, may not be subject to the statute of limitations. As such, it is important that consumers make themselves aware of their rights and the applicable statute of limitations when considering debt settlement.
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