Legal Question in Consumer Law in California

Statute of limitations on collection of debt
We are being sued in Small Claims Court by a woman who claims we owe her money for paying back taxes, mowing a lawn, and fixing up a house (the house was a gift to us by my wife's uncle. She claims to have done the work for him. She has shown no proof of contract, nor proof that the work was done. Our Uncle claims he did not ask her to do anything. She sued to gain controll of the house for the taxes in 1998 and the case was dismissed with predjudice). The work was ''done'' in 1997 (give or take). My brother claims that the statute of limitations has passed and she can not collect. Is this correct? How long does she have to try to collect? What law can I refer to in Small Claims Court to show the statute has passed.

Asked on 10/13/03, 11:16 am

Donald Holben Donald R. Holben & Associates, APC

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Re: Statute of limitations on collection of debt

Statute of limitations for written contracts are four years. She will have to prove when agreement was entered if one exists.

Answered on 10/13/03, 11:18 am

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