Legal Question in Credit and Debt Law in California

My mom just received a bill for the first time and it was from when she lived in Calif 2006. It was a medical bill. She moved in with me after my step dad passed and we put in change of address before she moved here in 2007. Never have we seen this bill before.


Asked on 5/23/11, 7:34 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Depends upon what type of bill it is, and what the underlying debt was for. If the debt is one based on a written agreement (credit card, loan, medical bill, etc...) then the statute of limitations for collection of the debt may have already run out, meaning that they can no longer collect the debt from your mother. The statute of limitations is 4 years from the date of default, but without more facts it is impossible to determine when that four years began to run. Alternatively, if the debt is based upon an oral agreement (no written agreement to repay whatever this debt is), then the statute of limitations is two years from the date of default. Write back to the company and tell them that they may no longer attempt to collect this debt as the statute of limitations has run out. Force them to prove otherwise.

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Answered on 7/12/11, 9:36 am


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