Legal Question in Credit and Debt Law in California
My ExFiance Is Trying To Collect
I had a lot of debt when I met my fiance. He paid it all off and while with my fiance' for 6 years (we broke up on 2002), I accumulated a lot of credit card debt. I just got a promissory note in the mail today demanding repayment of this money. Is there a statute of limitations? Would a court of law find that I owe him this money?
1 Answer from Attorneys
Re: My ExFiance Is Trying To Collect
I promissory note is something you would sign that would obligate you to pay. If it were a promissory note, he doesn't know what he's doing. If it's a demand for payment, you won't have to pay after 4 years after payment was due if there's a written agreement, two years after payment was due if an oral agreement. If there was no agreement at all, then he made a gift to you of the money, and he'd be hard-pressed to say you owe him the money.