Mount Shasta, CA asked in Collections for California

Q: Can a collection agency collect on a 21 year old debt? No contact over ten years. Got a letter today from collections.

Collection agency in homestate collecting a debt from 2003/2004.

I have been living in a different state for 11 years w no contact until a letter today..

Is there a statute of limitations? Can they garnish my check if they find my employer?

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2 Lawyer Answers

A: If they obtained a judgment already, they may be able to collect.

James L. Arrasmith
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Answered

A: In California, the statute of limitations for most types of debt, including credit card debt, personal loans, and medical bills, is four years from the date of default or last payment. This means that if you haven't made a payment or acknowledged the debt in writing for more than four years, the creditor generally can't sue you to collect the debt.

However, it's important to note that the statute of limitations doesn't prevent creditors from attempting to collect the debt through other means, such as phone calls or letters. They just can't take legal action against you.

Regarding garnishment, in California, a creditor must first sue you and obtain a court judgment before they can garnish your wages. If the statute of limitations has expired, they typically can't sue you, and therefore, can't garnish your wages.

That being said, it's crucial not to ignore the collection letter. You may want to send a written response stating that the debt is beyond the statute of limitations and that you request they cease further communication. If you acknowledge the debt or make a partial payment, you could restart the statute of limitations clock.

If you're unsure about your rights or the validity of the debt, consider consulting with a consumer protection attorney or a non-profit credit counseling agency for more personalized advice.

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