How soon can a collection agency take me to court? Do I have to pay the debt when 4 years pass? What evidence do I need to prove the debt is not mine?
Question Details: I have been contacted by a collection agency for an old debt in my name but it belonged to friend who disappeared. The statements were sent to her house and she was paying the account. The last payment was made in 2006. There are only a 3 months left before the statute of limitation goes in effect in California. The agency is threatening to take this to court. Thank you for your assistance.
Bankruptcy Law Answers
If the debt was in your name, it's your debt, under the law. As far as the lender and the court (and the collection agency) are concerned, anything else is between you and your disappearing friend: you gave her your credit, and she has effectively stolen from you. Suit can be filed right up until the last day before the statute runs out.
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