Legal Question in Credit and Debt Law in California

I have a 2nd mortgage debt in CA that should be just beyond the SOL (last pmt more than 4 years ago). I moved 3 yrs ago to GA. I received a couple of statements a couple of years ago, so the creditor knows where I am. Question: Does the debt toll because I moved out of state? I heard that it would not toll if I am not attempting to hide from the debt.

Thank you in advance.

Robin


Asked on 1/05/11, 12:58 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Robin, first I hope you are doing okay given the crazy weather you've been having in Georgia! As far as your question goes, the Statute of Limitations shouldn't be tolled simply because you moved out of state, but you may wish to hire an attorney in California to simply review all of the facts and make sure that there aren't any other factors which may toll the statute. Or, you can wait until you are sued (they will most definitely sue you even if they know the Statute of Limitations has run), and then hire someone out here to defend you and analyze the issue. Do be aware that the statute may not start on the date that you last made a payment - with a second mortgage, it may not run until the property is foreclosed by the senior lien, or could be an entirely different date. Without more facts, it is impossible to answer conclusively, so you will want to hire someone and get a solid opinion at some point.

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Answered on 1/10/11, 1:08 pm


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