Legal Question in Credit and Debt Law in California
Statue of Limitations
Could you please explain the Calif
statue of limitations on a unsecured credit card debt, WHEN does the clock start ticking....?
4 Answers from Attorneys
Re: Statue of Limitations
The statute of limitations starts to run on the date of the breach. Normally, that would be 30 days after the last payment. It is either 2 or 4 years. If you have received a letter from a collection agency, you may have a claim against it if the statute of limitations has run under the Fair Debt Collection Act. Please call me if you have any questions.
Re: Statue of Limitations
The statute of limitation for breach of a written contract is 4 years from the date of the breach. In most cases, the creditor will have 4 years from the date you became delinquent to file a lawsuit to recover the amount owed.
Re: Statue of Limitations
The limitations period could have been altered (shortened) in your written contract with the credit card company. Be sure to check the documentation they gave you when you accepted the card.
Re: Statue of Limitations
Four years from the date of last payment or the date the last payment was due.
You can read more about this at my website, www.californiadebtblog.com.
Related Questions & Answers
-
Debt collection can a bill collector come to your home? Asked 7/23/07, 8:16 pm in United States California Credit, Debt and Collections Law