Legal Question in Credit and Debt Law in California

Library Statutes of Limitations

What is the legal amount of time a state library (Los Angeles Public Library, for example) can pursue a patron for overdue material, lost materials, or fines in general before the amount has to be ''written off'' as a bad debt and removed from the patron's record?


Asked on 12/17/01, 3:35 pm

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Library Statutes of Limitations

Good question. From all the well publicized cases where a library book has been brought back years later (75 years late in one case), and they have waived fines, it would seem that there is a long statute of limitations.

I would argue that the statute that applies is that of a written agreement -- the library card application or contract, which would be four years. Many libraries are covered by a city's municipal code, however, so there may be individual differences.

Read more
Answered on 12/17/01, 3:40 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Library Statutes of Limitations

Do you really want them to "write it off as a bad debt?" This is an issue where you are basically stealing from all other tax payers who provide books to the library.

Failure to pay a regular debt can result in a negative credit report for 7 years! While the library may never try to enforce collection of the book or late fees, they are under no obligation to start loaning materials to you again. Would you loan money to someone who borrowed from you before, but never paid you back?

I would suggest that if you want to start using the library again, go there and offer to replace the book or negotiate the late fees, if the book has already been returned.

Read more
Answered on 12/17/01, 3:57 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California