Legal Question in Credit and Debt Law in California

Statute of Limitations

What is the statute of limitations for a credit card default? I am getting collection notices from a collection agency for a credit card I defaulted on in 1997 or 1998. There have been no payments made to the account, and I'm wondering if there is any legal action (wage attachment or court action) that can be taken against me at this point. Is there anything I can do to keep the collection agency from contacting me at this point?


Asked on 4/09/03, 7:47 pm

2 Answers from Attorneys
Douglas A. Crowder Crowder Law Center

Re: Statute of Limitations

Under California law, the statute of limitations on a written contract is 4 years. However, different states have different limitations periods. If the original contract you signed with the credit card company said it was to be construed under New York law, the New York statute would apply, which I believe is 6 years.

I'd recommend writing the collection agency and telling them not to call you, but only communicate with you in writing; and also that you believe the statute of limitations has passed, and ask if they have any reason why it hasn't passed.

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Answered on 4/09/03, 8:30 pm
Larry Rothman Larry Rothman & Associates

Re: Statute of Limitations

It depends if there is a judgment against you or not. Please call Mary at 714 363 0220 who sets up appointments and I may be able to help you.

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Answered on 4/10/03, 10:03 am


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