Legal Question in Credit and Debt Law in California

Re: statue of limitations?

I have had success in dealing with some of these creditors. It depends on how the complaint is worded -- i.e. whether it states when the charges were incurred. You should review your records of your payments, if any. For instance, a check register should show your payments.

Re: statue of limitations?

Again, I am very interested in your case because of certain information about Capital One's collection practices that has come to my attention. I may be able to represent you for low or no cost, and it is even possible you may be entitled to an award of money damages against the ones who are suing you. Please do call me or email me as soon as you get this message.

Re: statue of limitations?

The statute of limitation is 4 years. The tricky part of determing the expiration date in your case will involve actually reviewing the old statements as opposed to relying on a credit report. After all, the information reported might not be accurate.

Some attorney's will state begins to run from the date of the last payment, but I would be cautious about that approach. Suppose you were current and made a payment on March 28, 2006. If you never made another payment, you wouldn't be in breach of the credit agreement until you were overdue. You might not be in breach until April 28, 2006 and the lawsuit might be timely.

The cost of hiring a lawyer to defend this lawsuit will exceed the amount of the claim. Unless you have a lot of debt that you could to get rid of via a bankruptcy, you are probably better off just trying negotiate a lump sum settlement or a payment plan.

Re: statue of limitations?

There is a certain attorney in Stanton, California that is filing bogus lawsuits on behalf of Capital One. He files the lawsuits after the 4 year statute of limitations has expired, and in the lawsuits he lies about the date of the last payment. If indeed you did not pay since March 2002 (and the lawsuit was filed more than 4 years after your last payment) I would really, really like to hear from you since I am handling another Capital One case that is identical to yours.