Legal Question in Credit and Debt Law in California

Re: California Code of Civil Procedure 337

The four year statute is from the date of the breach. There may be a violation of the Fair Debt Collection Act. Please call me if you have any questions.

Re: California Code of Civil Procedure 337

Both responses would be appropriate. Send a letter indicating that they can no longer collect the debt as the statute of limitations has expired. Be sure in your letter to dispute the validity of the debt. Second, when and if they do sue you (the code won't necessarily stop them from suing you), be sure to include the statute of limitations as a defense. As I mentioned, it won't preclude them from filing an action, but if raised properly as a defense, then it could act as a bar to their recovery.

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