Is there a time limit on collecting a credit card card debt?

I received a collection notice for a credit card I do not recall. I was told I had the card 10 years ago. It wasn’t on my credit report when I bought my house. It is for less than $500.

Asked on October 14, 2011 under Bankruptcy Law, California

Answers:

Carl Starrett / Law Offices Of Carl H. Starrett II

Answered 9 years ago | Contributor

In California, the statute of limitations for breach of a written contract is 4 years from the date of the breach.  In the case of a credit card, the breach is failing to make the contractual payment.  Also, negative information must drop off you credit report if it is more than 7 years old.

I suggest sending a certified letter telling them that you dispute the debt and instructing them not to contact you again.  If they continue to contact you or report this debt on your credit report, I would contact a local attorney about filing claims under federal and state fair debt collection laws.


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