Legal Question in Credit and Debt Law in California

Small Claims Statute of Limitations

I was in a relationship for five years. We parted ways 3.5 years ago. During our relationship we both amassed a great deal of debt together but on our own separate credit. At the time of our break up, we made no verbal or written arrangements to pay one another anything � we each would take care of our own debt-which I have been attempting to do. The other party is now asking me to pay for part of her debt as well. Does she have any legal grounds to sue me for her debt amassed over 3.5 years ago?


Asked on 11/10/03, 12:37 pm

2 Answers from Attorneys
Joseph Richardson Borton Petrini LLP

Re: Small Claims Statute of Limitations

It doesn't look like the other party will have success. You both had individual accounts. You were never married. There were no agreements or arrangements for you to help pay that person's accounts. Also, depending on what cause of action alleged, they may be past the statute of limitations, making the suit moot. The person would have to prove that 1. there was an agreement between you and then 2. explain why they've waited so long to enforce. That will be hard.

Read more
Answered on 11/13/03, 11:14 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Small Claims Statute of Limitations

She could sue, but she would probably lose if you raise statute of limitations as a defense.

Read more
Answered on 11/10/03, 12:58 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California