Legal Question in Credit and Debt Law in California
I have three outstanding credit card debts out of Calif that go back over six years each. I had read that there is a statute of limitations on credit card debt, which in Calif, I believe, is six years. An attorney in Tenn. poo-pooed any statute of limitations defense I might have considered, stating I should send a "Stop All Contact" letter to the creditors and wait for their next move, including court action. In my current credit report, the first delinquent payment for each account reaches back more than six years. Would a statute of limitations defense exist in my case?
Thank you,
Williemos
2 Answers from Attorneys
The statute of limitation for CA is 4 years. You would be wise not to make any payment arrangements with anyone, not contact anyone, etc. Such debts might well be uncollectable.
Yes do not pay anything or else the statute will be extended. If you do get a summons and complaint you must answer it and raise the statute of limitations as an affirmative defence. Contact me directly.
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