Legal Question in Credit and Debt Law in California
CA statute of limitations on debt collection
In California, does the statute of limitations start when the credit card debt is charged off or from the last time a payment was made?
Last payment was 8/2004, charge off was May 2005.
1 Answer from Attorneys
Re: CA statute of limitations on debt collection
I recently briefed, and prevailed upon, this exact issue in an appellate court. The time starts when you have first breached the contract and they would first have the right to sue you. In other words, 4 years after the day after the last payment was due.
If you are being sued by a credit card company or a collection agency, and you think the statute has expired, please bring me the case if you are in Southern California -- you can fax me the complaint -- and in most cases I would be willing to defend it for a very reasonable fixed fee.
Please do not attempt to defend the case without a lawyer because 1) you could waive the statute if you don't draft your responding papers correctly; and 2) your contract with the credit card issuer provides that the prevailing party can collect attorney fees -- so why wouldn't you?
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