Legal Question in Credit and Debt Law in California

California law provides that the time to commence collection an outstanding debt, which is evidenced by a written document, is 4 years from the date the contract is breached. Assuming the debtor made no payments after the due date, the statute of limitations ran on December 9, 2010. Therefore, regardles of the bankruptcy, the time to collect has expired. It is my opinion that the bankruptcy case did not extend the statute of limitations.

If your bankruptcy case was a no asset Chapter 7 then the debt would have been discharged regardless of notice unless the creditor argues there was fraud involved. You should notify the creditor of the discharge now by certified mail.

I disagree with Mr. Carballo. Although I am not a bankruptcy expert, I am pretty sure that if the debt was not scheduled in the bankruptcy schedules, it was not discharged. However, a bankruptcy does NOT preclude you from filing suit to collect on the debt. You just have to file it in the bankruptcy court. Therefore your time ran out in 2010, even if the debt was not discharged.