Legal Question in Credit and Debt Law in California

Re: possibly getting sued

They have to -file- the suit before the statute date. And, contrary to what you might think or what you might have heard or read or been told, the 4 year statute runs from the date the creditor first had the right to file suit, which is not necessarily the same as 4 years after your last payment. Also, the statute must be properly pleaded as a defense in your answer, or it is waived.

Re: possibly getting sued

The date of the last payment does not necessarily trigger the the beginning of the limitations period. If you were making minimum payments and were current when you made the last payment, you might not be in breach until failing to make the next payment. A creditor suing for breach of a written contract woudl have 4 years to FILE the lawsuit from the date of the BREACH.

If they file the lawsuit in a timely manner, then that is sufficient. Most courts have local rules that require the plaintiff to serve the lawsuit within 60 days after it has been filed.

Re: possibly getting sued

They just have to file before the statute of limitations. They then have 60 days to serve you. You should check online in the county you live in to see if you have been sued. If you have, you may want to call the attorney and arrange to be served viat notice and acknowledgement of receipt. That will make your life easier.