Legal Question in Credit and Debt Law in California

Re: statue of limitations-sued but not served

If the creditor filed the lawsuit within 4 years of the date of your last payment, then you probably do not have a valid defense based on the statute of limitation. Through discovery, you can demand a transction history to find this out as well as to verify the amount owed.

If you owe the money, it would be best to negotiate a settlement to avoid a judgment on your credit rating. If you are in severe financial distress, you might also consider consulting a bankruptcy attorney.

Re: statue of limitations-sued but not served

You would not have a statute of limitation defense, but you might have other defenses. I have had reasonable success in defending these claims without much expense or effort. Feel free to contact me directly to discuss your situation.

Re: statue of limitations-sued but not served

You would not have a valid statute of limitations defense. However, if you know you have been sued, you should try to arrange service so that you are not sued at a time that may not be appropriate, ie at work, with kids around, etc....

You should also talk to an attorney to see if you have any FDCPA or State Rosenthal act violations that you can cross-complain for. If you wait, you may not be able to.

You can read more about debt collection at my blog, www.californiadebtblog.com

Re: statue of limitations-sued but not served

The statute of limitations is 4 years from the date of the breach, generally. You may have a claim against the collection agency under the Fair Debt Collection Act. Please call me if you have any questions. We would have to review your documenation to determine if you have a defense or have a claim.