Legal Question in Credit and Debt Law in California
Debt Collections
Is there a statute of limitations on how many years old a debt is and would my x- husband also be responsible for this debt since we incurred it during the marriage 19 years ago.
4 Answers from Attorneys
Re: Debt Collections
In general, a person can't be sued for a debt that is this old. What kind of debt is it? Breach of contract is 4 years, in the longest statute scenario. Unless there's something I'm not thinking of, the only way one can sue on a debt like this is that there is some agreement down the road, years after, to pay on the debt, which can then make the operative date for statute purposes much, much later. For instance, if your ex-husband agreed with the creditor 3 years ago to start making payments, then breached it, the statute would run from the date of breach, and not the date the original debt was incurred. While admitting I don't know what kind of debt you're talking about, outside some situation like the aforementioned, I would be surprised if they could do any more than let you know about the debt; that is, a creditor or collection agency can notify you about the debt, but they shouldn't have the ability to go all the way and sue you due to the passage of time.
Re: Debt Collections
I'm not sure what you mean by responsible. . . they should not be able to place it on your credit for that long. . . the limit is usually seven years for most things that go on your credit report.
If the debt is for a judgment you can be responsible for paying that back for a very long time (almost indefinitely).
Re: Debt Collections
The statute of limitations depends on if there is a judgment and if the judgment has been renewed. Please contact our office to set up an appointment to review your documentation and for consultation. 714 363 0220
Re: Debt Collections
They have 4 years to sue unless you reaffirm the debt. They report to CRAs for 7 years after default.