Legal Question in Credit and Debt Law in California

You are so wrong in your understanding of how statutes of limitations work it's hard to know where to begin, but I guess the short cut is simply to inform you of the following: once you are sued the statute of limitations stops running. The statute of limitations is the deadline for FILING a lawsuit. Once it is filed within the time limit the statute of limitations is satisfied and becomes otherwise totally irrelevant. So if you've already been sued and the statute of limitations runs two days from now, the plaintiff has satisfied the statute of limitations and has every right to a default judgment if you fail to file an answer to the complaint. If the default has not yet been entered you need to file an answer first thing tomorrow morning and hope it gets entered before the default. If the default IS entered you will have a VERY short time to file a motion to have it set aside, and the court might deny the motion.

Mr. McCormick is correct -- if the lawsuit was filed before the expiration of the statute of limitations, then the statute of limitations is satisfied. Default may therefor be entered against you. I would therefore advise you to take immediate steps to answer the complaint (if that is still possible) or to hire counsel to help you try to set aside a default.

Best of luck to you.

The statute of limitations is a relevant defense to a lawsuit. It does NOT stop the creditor from harassing, hounding, barking, baring its teeth (think of that canine "click" the vamps on True Blood sound when provoked to bare fangs) to squeeze blood from the debtor-turnip. In other words, it doesn't bar collection attempts, it just precludes obtaining a lawsuit judgment.

This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn�t address all facts & implications of the question; it�s general info, not legal advice to be relied upon and exceptions may apply. It creates no attorney-client relationship; it may be pertinent only to CA and/or its Southern District Bankruptcy Court in San Diego. It�s independent of other answers. It may be time sensitive, as in past the �Use by� date: laws and case law change. Hire a bankruptcy lawyer before acting or refraining from bankruptcy or other legal action.