Legal Question in Civil Rights Law in California

Statute of Limitations

I need clarification of the Statue of Limitation for California Credit Card Debt. The situation is this I was married in 1992 my wife got a capital one card and had one in my name. We divorced in Sept 2002. I started to get phone and letter stating I owed a debt for this credit card I explain on the phone and also sent a letter stating I had no knowledge of such debt and did not have an account with them. After the letter I stop receiving call and letters. On my 7/2006 credit report this same credit card debt showed as written off as bad debt. On 11-14-08 I receive a Civil Small Claims for the same debt (different amount) I seems from the paper work my wife at some point made arrangements with the credit card company for payment and the she stopped making payment. Again according to the paper work the account is open for Four years and past due. MY QUESTION Do they have a right to file small claim against me ???


Asked on 4/13/09, 3:38 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Statute of Limitations

Anybody can sue anybody for anything. Take your evidence to court and show the judge. If you win, you should also follow up with demand of the credit reporters to correct your credit history. Refusal to correct is a violation entitling you to sue them.

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Answered on 4/13/09, 5:55 pm


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