Legal Question in Consumer Law in California

They forgot a bill from 2000 do I have to pay it in 2005?

I signed a contract for temp employee services 2/27/1999. I paid all invoices as agreed. In July I received a bill and call from a collection agency for a bill from 2000. (I did use their services in 2001 and paid as agreed.) I can't even remember if I used them in 2000. Why didn't they bill me back then. Is there a limitation or something regarding how long they can take to bill you and when are you required to pay? Any comments appreciated.


Asked on 8/29/05, 7:13 pm

2 Answers from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

Re: They forgot a bill from 2000 do I have to pay it in 2005?

In California, the statute of limitation for an action founded on a written conract is 4 years, or 2 years for an oral contract. If the invoice they are trying to collect was dated in 2000, the statute of limitation has run, and any action to collect on that invoice is barred.

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Answered on 8/29/05, 7:20 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: They forgot a bill from 2000 do I have to pay it in 2005?

I concur with Roy's answer to you. However, there is another little catch they could try. They could try the old "payment on account scam" on you. In other words, Roy is correct about the Statute of Limitations issue, however, if they claim that you were making payments on account, then the statute would start toll 4 years after the date you made your last payment in 2005, on whatever month your last payment was made.

You may want to retain an attorney to negotiate this alleged debt for you. Under the right circumstances, you might have a decent case against them, although I assume that all you want to do is clear this issue up. Am I correct?

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Answered on 8/29/05, 10:12 pm


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