Legal Question in Bankruptcy in California
Statute of limitations on un-secured debt
Is there a ''statute of limitation'' on un-secured debt where after a certain period the debt is considered ''un-collectable''?
Asked on 7/20/04, 8:42 pm
1 Answer from Attorneys
Robert F. Cohen
Law Office of Robert F. Cohen
Re: Statute of limitations on un-secured debt
If on a credit card (i.e. a written agreement), it is four years from the date of your failure to pay when due. If on an oral agreement, 2 years. The other party can't sue you after that, unless you've made some payment in the interim. Of course, if your debts are discharged in bankruptcy, none of the prepetition unsecured debt should be collectable.
Answered on 7/20/04, 9:25 pm