Legal Question in Credit and Debt Law in California
Can a creditor file in small claims court to obtain monies?
I received a notice to appear in small claims court in Orange county for a debt accrued by my 7 years past away girlfriend, but in my name.
Can (Texaco) credit cards company take me to small claims court to recover monies?
1 Answer from Attorneys
Re: Can a creditor file in small claims court to obtain monies?
Yes, so you will have to appear and defend against them taking judgment. The key issue will be whether the disputed charges are barred by the statute of limitations. If the credit card hasn't been used for seven years, and there have not been any payments made on that account for over 4 years, chances are it is barred. In any event, plan on showing up on time: Bring the written information you have with you about those issues.
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