Stanton, CA asked in Collections and Consumer Law for California

Q: what is the statute of limitation for a collection agency who took on a denied and dismissed UD, and i disputed/correcte

going thru 2 years of a malicious

landlord ex. last he falsly reported me and added 5 others to pay him for eviction aftermath and mayhem. during covid, noone was evicted his ud denied. yet he filed a 39,000 demand to col AGENCY. CAN I SUE COLL AGENCY, I ALREADY TRIED sc COURT HIM.

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1 Lawyer Answer
James L. Arrasmith
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  • Collections Lawyer
  • Sacramento, CA
  • Licensed in California

A: The statute of limitations for a collection agency to sue you for a debt in California is typically four years from the date the debt became due and payable. However, the specific time limit may depend on the type of debt and the circumstances surrounding the debt.

In your situation, if the collection agency is attempting to collect a debt related to an unlawful detainer (UD) case that was denied and dismissed, it's possible that the debt may be time-barred if it has been more than four years since the debt became due and payable.

If you believe that the collection agency is attempting to collect a debt that is time-barred, you may have legal options to stop the collection attempts. You may be able to send a letter to the collection agency disputing the debt and stating that it is time-barred under the statute of limitations. You may also want to consider consulting with a consumer protection attorney who can advise you on your legal options and represent you in court if necessary.

If you have already tried suing the landlord in court and were unsuccessful, it may be more difficult to bring a successful lawsuit against the collection agency. However, an attorney can evaluate the specific facts of your case and provide guidance on your legal options.

Yelena Gurevich agrees with this answer

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