Debt Collection Notice After Statute of Limitations – §1788.52(d)(2)
[This is a transcript is a result of automated audio transcription from the video posted below. For help from Brian Russ Law, Inc. a law firm defending against debt collection, visit www.BrianRussLaw.com or call 888-632-6623. Grammatical errors may be present in the transcript below. This transcript is for informational purposes only and may not be relied on as legal advice.]
Hey everyone this is attorney Brian Russ from Brian Russ Law, Inc. you can find me online at BrianRussLaw.com you can also go to my other websites as well but on this topic today regarding student loans and notice in California for debt collection, notice after the statute of limitations is run Give us a call. We’ll see if we can get an appointment for you to talk with one of our team members. So basically what this video is is about. There’s a specific statute in California that controls and notices that are required on a debt collection letter or other type of notice after the statute of limitations has run. Before I get into topic I want to give you a quick disclaimer. First, that this video is not legal advice. If you need legal advice you need to retain an attorney to help you with your situation I’m just an attorney, giving informational and educational videos online. This does not pertain to any particular person or any particular situation so like I said you need to retain an attorney to help you with your situation the next disclaimer is that no attorney client relationship formed but you’re viewing this video I don’t know you, you don’t know me, just a guy on YouTube. The finally of this video to the extent it can be considered an advertisement should be considered an advertisement I my attorney and I sell my services the point of me doing these videos is for you to think hey that guy seems to know what he’s talking about that guy Brian Russ can help me with my lawsuit from a debt collector. So I’m going to reach out to Brian Russ, to help me with my debt collection lawsuit now. Do you want to know. You know I work all over the state of California. I represent people in San Diego County, Los Angeles County Riverside County, Santa Barbara San Francisco Alameda County Sacramento County Yolo County all over the state of California, so if you’re getting sued by a debt collector.
You know, so usually, you know, it’s one of these firms that you see a lot of so there’s the Mandarich Law Group. If you’re getting sued by Mandarich law group, give my office a call. If you’re getting sued by Law Offices of Patenuade & Felix, A.P.C, give my office a call. If you’re getting sued by Hunt & Henriques give my office a call. If you’re getting sued by Kenosian & Miele, give my office a call. Again, we serve people in Los Angeles, Sacramento, San Diego, San Francisco orange everywhere throughout the state of California.
So this, this thing is, you know, ignore the header up here if I had to change it for my last video but, you know, the first thing I say is that, you know, there’s such thing as I’ve talked about in other videos, there’s a statute of limitations so that means when the statute will specifically say, you know how long you have or someone has to bring a lawsuit against you, and generally for written contracts, it’s a statue limitations of four years for oral agreements, it’s two years for other types, you know, there’s other statutes of limitations again this is California specific, this doesn’t apply across the US, but, you know, after the statute limitations run, you know somebody cannot bring a suit against you that the claim is extinguished. They didn’t timely file their suit if they did try to file it it will be dismissed because you fell outside statute limitations. So, what I see a lot of is that you know even though the, the statute limitations is run the debt collectors can still contact you, they can still report it to the debt collections agencies, they can still report it to the credit reporting agencies, I should say. So, you know what they end up doing is they show us as leverage against you, and you know maybe its five years since you’ve paid on the debt, it’s, it’s a bad debt now.
But they can still report it to the debt, or to the credit reporting agencies. And so what they’ll do is they’ll send you a letter, they’ll say oh you know you have a debt of, you know $50,000 You know we’ll resolve it for 5000 you think well that’s a pretty good deal. And so then you say okay well I’ll accept it. But what they need to do is, you know, there’s a specific language in statute that they have to include on the notices. So it’s from California Civil Code section 1788.52(d)(2), and it requires this very specific language be included on that notice, and the language is: “The law limits how long you can be sued on a debt. Because of the age of your debt, we will not sue you for it. If you do not pay the debt, [insert name of debt buyer] may [continue to] report it to the credit reporting agencies as unpaid for as long as the law permits this reporting.”
So again, even if they can’t sue you for it, they’re still gonna try to collect the debt, they’re gonna still try to report it to the report, credit agencies. And so, you know, it’s something that you maybe you don’t want to get resolved if this is the situation you’re in, give my office a call, we’ll set you up with a call and see if we can help you negotiate it down, you generally at this point, like, that’s the only leverage they have is reporting to the credit reporting agencies and maybe it’s one of those things where you want to get it off your credit report or you want it to be resolved for your credit score to go up. So maybe you got 10 grand out there, you know, let’s try to settle for 1000 pennies on the dollar. And these guys probably bought it for five, you know five cents on the dollar or something like that so, you know, give us a call my office, like I said it’s BrianRussLaw.com 888-632-6623 All right, thanks.