Legal Question in Credit and Debt Law in California
lawsuit and statute of limitations
I am being sued on a credit card debt. The account became delinquint 01\09\00. My credit card was cancelled March 15,2000 and the account was closed April 2000. The account was sent to a collection agency and on 04/21/2000 the full amount due on the account was demaded.I made a partial payment on 6/13/2000 and then made no other payments.The account was written off and was eventually sold to Credigy Receivables, Inc. A civil complaint was filed 07/16/04. I beleive the cause of action in the complaint has an error on it.Instead of checking the box for''within four years'' they check the box for ''within two years'' I charged goods and services to the credit card. The card was cancelled over 4 years ago First question: I know the stateute is 4 years. What is the Statute beginning date, the date of the delinquency, the date the card was cancelled and the account was closed, the date full demand was made or the date of last payment? Second question : what effect will checking the 2 year box instead of the 4 year box have on the lawsuit. Will the judge just consider it a clerical error or throw it out for lack of cause of action since the credit card was cancelled over 4 years ago.
1 Answer from Attorneys
Re: lawsuit and statute of limitations
Please fax your correspondence and law suit documentation that you received to me at 714 363 0229 and include your phone number. I will call you and advise you if you have a case or what to do to resolve your problem.
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