Legal Question in Credit and Debt Law in California

statue of limitations

Could you please tell me the statue of limitation of credit card dept?

It has been almost 8 years that this debt has not been paid and I still get letters from collection agencys that ''say they have 15 years'' to sue me and I know that is not true.

Also this debt was started in california but I currently live in Ohio, does that make any difference?

I know you are very busy and I thank you for your time.

Have a good day.


Asked on 5/23/03, 5:16 pm

3 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: statue of limitations

Those clowns will say anything. The statute of limitations is 4 years from the last activity on a written contract. Their statements could be a violation of both state and federal laws.

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Answered on 5/23/03, 5:24 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: statue of limitations

Although, as a matter of general law, in California, the Statute of Limitations on a debt, in writing, is 4 years, you and the creditor may increase that by agreement at the time of the indebtedness or thereafter. The agreement you signed with the credit card company may contain such a condition. Re-read it very carefully. If there is nothing in the agreement you are in the clear.

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Answered on 5/23/03, 8:46 pm
Larry Rothman Larry Rothman & Associates

Re: statue of limitations

It appears that if a lawsuit had not been filed against you, you may have both a statute of limitation defense as well as a potential claim under the fair debt collection act statute. Please contact Mary at my office at 714 363 0220 to set up an appointment.

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Answered on 6/09/03, 9:51 am


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