Legal Question in Credit and Debt Law in California
Debt Collection Statute of Limitations
I was served a summons and complaint limited civil in May of 2006 for an old debt which was charged off in June 1999.
I haven't heard anything of it until a year ago when I got a call from a company telling I must pay or be sued. I simply stated (verbally) that this debt was not valid because the statute of limitations has expired, please don't call again. I haven't heard anything else until I received this summons.
My questions are these:
1. How do I respond to the summons/complaint and have the plaitiff served?
2. Is there an actual statute of limitations which prevents people from sueing for debt older than 7 years?
3. If so, Can I have a motion filed to have this lawsuit dismissed before going to court?
4. If I can file a motion to dismiss, must I still file a response to the summons & complaint?
3 Answers from Attorneys
Re: Debt Collection Statute of Limitations
The statute is generally four years. If you made a payment or a promise to pay within the last four years the statute is reset. I would be interested in hearing from you by email or fax as to the name of the plaintiff and the plaintiff's attorney because I am keeping track of companies and attorneys that intentionally file collection lawsuits beyond the statute of limitations.
Re: Debt Collection Statute of Limitations
You would have an affirmative defense of the statute of limitations and may be able to file a demurrer if the defect appears on the face of the complaint. You may also have a Fair Debt Collection Action against the creditor's assignor. Please contact our office if you have any further questions.
Re: Debt Collection Statute of Limitations
I agree with Mr. Stone concerning the statute of limitations. If the debt is based upon a written contract, the statute of limitations is 4 years. If it is an oral contract it is 2 years. If you are being sued for a debt that is older than 4 years old, and you have made no promises to pay, etc., you may be able to file what is known as a demurrer. A demurrer is considered a "response" to a complaint, so as long as you file it within 30 days of service of the complaint the plaintiff cannot take your default and canot obtain a default judgment.
You should probably take the complaint to an attorney to have it reviewed. Filing a demurrer is something that is very technical and should probably be handled by an attorney.