Los Angeles Debt Collection

You can legally try to collect past due bills by calling the debtor.  But you cannot legally call them on the phone over and over again.  It is also against the law to threaten them with harm or contact them at work after they tell you not to.  In addition, the law says that if they write to you and ask that you not contact them at all, you must stop.  At that point, you can only contact them to let them know that you are suing them.  So it is a good idea to keep records of your calls and written communications to them.

If the debt is not a commercial debt, you are not supposed to contact their employer, except to verify their employment.

You should never send anything that is meant to look like a legal document when it is not.

How long you have to file a lawsuit depends on what is called the Statue of Limitation that is applicable to your fact.  The Statute of limitation varies depending on the type of contract or claim at issue.

- Oral Contracts - you have two years.

- Written Contracts - you have four years.

- Common Count - The Statute of limitations for all common counts based on a writing is four years.  Without a writing, the statute is two years.

So what does that all mean?  It means that if you have a written contract with the debtor and they fail to pay then you have 4 years from the date they failed to pay to file your lawsuit.  If its an oral contract like, I will sell you 4 dozen apples and you pay me $100 by January 15, 2008, then you have two years from January 15, 2008 to file your lawsuit.

Lastly, what is a Common Count?  Well stay tune and we will address that question shortly.