Legal Question in Consumer Law in California

Re: SOL in california

Well, the answer to your question is a little tricky. California has a specific law that does toll the SOL when the defendant moves out of state. See Code of Civil Procedure Section 352. However, a federal court ruled that the statute is unconstitutional in cases involving interstate commerce. And there are other exceptions as well. Here are a couple of interest links discussing the topic:

http://www.cdcba.org/pdfs/R2005/04-03-05.pdf

http://www.clrc.ca.gov/pub/Misc-Report/CCP%20Sec%20351%209504.pdf#search='Abramson%20v.%20Brownstein'

You didn't specify the type of claim involved, so I can't provide a definitive answer. I would send a certified letter to the collection agency disputing the debt and demanding that they do not contact you anymore. If they persist, they are in violation of the federal Fair Debt Collection Practices Act and you can call my office for a consultation.

Re: SOL in california

the statute of limitations can be tolled in EVERY state depending on the nature of the claim balanced against the rights of the defendant per se in respect to that claim. so, if the cause of action here is breach of contract, the SOL in california is 4 years. california law does allow the SOL to be tolled when a debtor moves out of state, however, federal interstate commerce clause powers would most likely pre-empt california law here, especially since the collection agent is most likely a national company that could have sued you in ANY state's jurisdiction, or at least taken you to the national arbitration board like alot of creditors tend to do. so, your best bet here may be to either retain an attorney to negotiate a fair settlement with the collection agency for pennies on the dollar, if you and afford to pay anything on the alleged balance, or mail them a hardship letter outlining the reasons you cannot pay anything at this time. you may even request that they cease and desist further contact with you in your letter, according to FDCPA laws protecting you. however, such a cease and desist request often makes the creditor sue you that much faster. if you would like VALUABLE assistance in this matter, contact us directly today.