Legal Question in Credit and Debt Law in California
Statute of Limitations for Action
I had a revolving charge card with Montgomery Wards, I opened the account in Dec.1994. Paid balance off around march 1995. charged up to limit paid balance off in cash in Dec. 1996 after sale of motorcycle. moved around june of 1997 a box of paperwork was lost. I was contacted by montgomery wards collection department around mid part of 1998 explained the account had been paid off in 1996. in mid to late part of 1999 a collection agency called my work, I adviced ''verbally and in writing'', not to call my work, but call my home referance personal business. I again explained the account was paid off in Dec. 1996 and the the register receipt was lost in the move in 1997. I never heard from them again untill early to mid 2000. I again was contacted at work by the collections agent, again I adviced her the account was paid off and register receipt lost during move.
I did not hear from them again on this matter until the summons for the lawsuit was served on my 80 year old mother on march 26, 2001. I am definately filing an answer but what are my chances without the register receipt. Thank you
1 Answer from Attorneys
Re: Statute of Limitations for Action
Statute of Limitations is 4 years