Legal Question in Credit and Debt Law in California
Breach of agreement SOL 4 years
Collection,breach of agreement-credit card account.
Date of last payment 11/19/99. Plaintiff filed suit 11/19/2003. Is the Statute of limitations expired?
I am just curious, if the statute expires on 11/19/03. Does that mean at 12:00 midnight on November 18, 2003, or does it go through November 19, 2003?
Please advise?
3 Answers from Attorneys
Re: Breach of agreement SOL 4 years
From your facts, the statute of limitations may have run; however, your affirmative defense must state the code section and if they reflect the payment received after your claim that it was paid, the statute of limitation may not have run. The Courts will try to find the statute of limitation not to run when they can. We may be able to help you. Please contact our office at 714 363 0220 for review of your documentation and lawsuit.
Re: Breach of agreement SOL 4 years
THROUGH the 19th.
Joel
Re: Breach of agreement SOL 4 years
The statute of limitations on breach of a written contract is four years. As such, they would have had until 11/19/03 to sue.
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