Legal Question in Credit and Debt Law in California

statute of limitations on credit card debt

What is the statute of limitations for a collection agency to sue an individual for past credit card debt when the individual quit paying in January 1995.


Asked on 8/20/02, 5:21 pm

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: statute of limitations on credit card debt

Thanks for your posting and inquiry. Assuming that you are in California, and that you had a written credit card agreement (that thing you signed when you asked for the card or opened the account), the statute of limitations is four years from the date of the last payment to file a lawsuit.

There are certain things that delay, or "toll" that time limit, like being in prison, out of the country, insane, or a minor, but in general it's four years, after which a creditor cannot sue to collect.

I hope this helps -- but if you have any other questions, or need help negotiating, or want to discuss how bankruptcy affects this, please feel free to email my office. Thanks, and best of luck.

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Answered on 8/20/02, 6:06 pm
Larry Rothman Larry Rothman & Associates

Re: statute of limitations on credit card debt

The Statute Limitations is generally four years. If you fax me the documentation you have and give me your phone number, I will provide you with free consulation. My fax number is 714 363 0229

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Answered on 8/20/02, 7:30 pm


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