Legal Question in Credit and Debt Law in California
Corporation debt
My Company was dealing with another Corporation and they owe us approx. $3,000. They are no longer doing business and I haven't requested payment in about seven years. I didn't realize the debt was owed. They did not file bankrupcy, but they no longer have any corporate dealings. Do I have any legal rights after all this time?
2 Answers from Attorneys
Re: Corporation debt
You have most likely blown the statute of limitations for collection of the obligation. The statute on most types of debt are either two or four years, and given that it has been seven years since the debt was owed, and the company is no longer conducting business, I'd suggest that you are no longer in a position to collect it. I would, however, suggest that you review the matter with a local attorney to be sure that there aren't any circumstances which may toll (extend) the statute of limitations, or what the specific statute is for the debt you are trying to collect.
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Re: Corporation debt
Mr. Gibbs is correct. The statute of limitations on a contract is 4 years. Given that you had no contact with this company, you may have no judicial remedy remaining. However, you may want to consult with a collections company as it may not limit your attempts at soft collection. Be careful here though, the FDCPA is fraught with pitfalls. As Mr. Gibbs points out, you would be well advised to speak with a local collections attorney before proceeding.