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....?


Asked on 7/29/07, 12:41 pm

4 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

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.

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Answered on 7/29/07, 12:49 pm
Carl Starrett Law Offices of Carl H. Starrett II

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.

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Answered on 7/29/07, 1:13 pm
Michael Meyer Law Ofc. Of Michael J. Meyer

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.

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Answered on 7/29/07, 2:22 pm
Jonathan Stein Law Offices of Jonathan G. Stein

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.

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Answered on 7/29/07, 3:11 pm


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