Legal Question in Credit and Debt Law in California

Money

I am trying to find out if after 4 years i can still take a person to court? Reason being that we had a credit card together and she never payed her part.


Asked on 7/25/08, 1:20 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Money

Probably not - the statute of limitations on breach of a written contract is four years. I'm assuming that you didn't have a written contract with her acknowledging her responsibility to pay half of the card. As such, you then are stuck with at best an oral contract, the statute of limitations on an action for breach of an oral contract is two years. You can take her to small claims court, and unless she raises the statute of limitations as a defense, you may still win.

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Answered on 7/25/08, 1:47 pm


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