Can collectors call to threaten lawsuits if the statute of limitations has expired ?
Has your statute of limitations passed, but the collectors are still calling ? This may be a violation of the Rosenthal Act and the Federal Fair Debt Collection Practices Act. The representation that they will sue you or can sue you is obviously false if the applicable statute of limitations has passed. In California, the statute of limitations for a written contract is four (4) years from breach of that contract. Be careful not to make any payments after you have defaulted since that may extend the statute of limitations and give them more time to sue. Civil Code 1788.
