What steps should I take if a collector is attempting to collect a "zombie debt" that is past California's statute of limitations?

If a collector is trying to collect a debt past the statute of limitations, do not pay it. You cannot be successfully sued for this "zombie debt," and you can take steps to stop the collector from contacting you. Step 1: Do Not Acknowledge or Pay the Debt Do not make any payment, promise to pay, or even acknowledge that you owe the money. In California, making even a small payment can reset the clock on the statute of limitations, reviving the debt and allowing the collector to sue you. Step 2: Confirm the Statute of Limitations In California, the statute of limitations for most written contracts, such as credit card agreements and personal loans, is four years from the date of your last payment. Find any records you have that show the date of your last payment to confirm the debt is expired. Step 3: Send a Cease and Desist Letter Send a letter to the debt collector via certified mail with a return receipt requested. Your letter should clearly state two things: first, that you believe the debt is past the legal statute of limitations and is therefore unenforceable, and second, that you demand they cease all further communication with you. Step 4: Respond If You Are Sued Even if the debt is time-barred, a collector might illegally file a lawsuit. If you receive a court summons, you MUST respond. You must file an answer with the court before the deadline (usually 30 days) and raise the statute of limitations as an affirmative defense. Failure to respond will result in a default judgment against you. Important Details and Nuances: Under California's Rosenthal Act, it is illegal for a collector to sue or threaten to sue on a time-barred debt. If a collector continues to harass you or threatens a lawsuit after you have sent your letter, you can file a complaint with the California Attorney General's Office and the Consumer Financial Protection Bureau (CFPB). Keep copies of all correspondence as evidence. Warnings and Limitations: While a collector cannot win a lawsuit over a time-barred debt if you respond correctly, the debt may still remain on your credit report for up to seven years from the original delinquency date. Do not ignore communications from collectors, especially formal legal notices. This is general information and does not constitute legal advice. For complex situations, especially if a lawsuit has been filed, consult with a qualified California attorney.