Legal Question in Credit and Debt Law in California

Limitations on Collections

What is the statute of limitations on debt collections.


Asked on 6/11/02, 4:52 pm

2 Answers from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Re: Limitations on Collections

The short answer is "it depends."

If someone is trying to collect an amount due under a contract (generally the case in "debt collections"), and no lawsuit has been initiated, the "statute of limitations" would be either two, three or four years, depending upon whether the contract was in writing, or oral, and the theory under which the "collection" is being pursued.

If, however, a judgment has been obtained in a California court, or is being enforced in California, then the "collection" could occur for whatever period of time the judgment is valid. In California judgments are valid for ten years, and may be renewed every ten years thereafter.

If you have a judgment, it is possible that "collection" of that judgment could last indefinetly.

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Answered on 6/11/02, 5:06 pm
Larry Rothman Larry Rothman & Associates

Re: Limitations on Collections

The Statute of Limitations is 2 years on an oral contract, 4 years on a written contract, and 3 years for fraud. I will provide you with free consultation if you contact me.

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Answered on 6/11/02, 5:22 pm


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