california state statutes of limitation on debt collection

[Teddybee2015]

What is the name of your state (CA)?

I wanted to seek advice on weather or not a prospective landlord can you a past judgment against me and choose not to rent to me or not?

Brief info:

I am attempting to rent a 2 bedroom 1 bathroom apartment in CA and the landlord already ran the credit and passed us and now they telling me that they want a letter from the collection agency showing the balance was paid off.

My direct question is that the judgment was entered and filed back in 2009 and according to the statutes of limitation 4 years have passed. Also, I have not reaffirmed the debt in either.

I know that just because the statue of limitations has passed doesn't mean that they still can not try and collect the debt but does it play any role in weather it can be used against me or not?

 

[quincy]

What is the name of your state (CA)?

I wanted to seek advice on weather or not a prospective landlord can you a past judgment against me and choose not to rent to me or not?

Brief info:

I am attempting to rent a 2 bedroom 1 bathroom apartment in CA and the landlord already ran the credit and passed us and now they telling me that they want a letter from the collection agency showing the balance was paid off.

My direct question is that the judgment was entered and filed back in 2009 and according to the statutes of limitation 4 years have passed. Also, I have not reaffirmed the debt in either.

I know that just because the statue of limitations has passed doesn't mean that they still can not try and collect the debt but does it play any role in weather it can be used against me or not?

Are you asking if a landlord can choose not to rent to you based on a credit report showing unpaid debts or a judgment? The answer is yes. A landlord can choose not to rent to you based on a credit check that shows outstanding debts or a judgment.

Landlords often rely on credit reports when deciding whether to rent to an individual. A landlord wants to ensure as much as is possible that a tenant in his rental unit will be able to pay the rent.

If a collection agency obtained a judgment against you, by the way, the statute of limitations no longer applies. The agency can continue to pursue the judgment until it is paid in full.

Here is a link to California's Department of Consumer Affairs, with information on what a landlord can (and can't) consider when screening applicants: http://www.dca.ca.gov/publications/landlordbook/looking.shtml



There was probably a better section of the forum than "small claims" for your questions, by the way, since your questions have nothing to do with small claims - not that it matters much now.

 

[latigo]

What is the name of your state (CA)?

I wanted to seek advice on weather or not a prospective landlord can you a past judgment against me and choose not to rent to me or not?

Brief info:

I am attempting to rent a 2 bedroom 1 bathroom apartment in CA and the landlord already ran the credit and passed us and now they telling me that they want a letter from the collection agency showing the balance was paid off.

My direct question is that the judgment was entered and filed back in 2009 and according to the statutes of limitation 4 years have passed (?) . Also, I have not reaffirmed the debt in either.

I know that just because the statue of limitations has passed doesn't mean that they still can not try and collect the debt but does it play any role in weather it can be used against me or not?

You need to rethink you thinking because you are deliberating under a false premise. The money judgment you speak of IS NOT subject to the same period of limitations as the underlying debt!

It remains enforceable for a minimum period of ten (10) years from the date it was issued! (See: California Code of Civil Procedure Section 685.10.)

 

[Daley]

*Whether

Why has not the collection agency collected?

Landlords can do whatever they want. I would look for someplace else to live and not contact that collection agency just in case they forgot about you.