Legal Question in Credit and Debt Law in California
Statute of limitations on credit card fraud.
Hi,
Four years ago I lived in the California with my American husband. During that time I developed Bipolar II disorder and ran up a huge debt alsmost $70,000. Because of my illness and my mothers state of health I returned to the United Kingdom in 2003, the same year that I ran up the debt.
The credit company only ever called me in the UK once, demanding payment which didn't have, and threatening me with deportation and fraud prosecutions. I have been in remission from bipolar for two years now and in the future my husband wants us and our five children to return to California.
If we return to CA would the statute of limitations apply to the debt/fraud or will it only start from when I re-enter california? could they prosecute for me fraud on teh grounds that I had no way of repaying such a large debt? Any help would be most appreciated
Jo
2 Answers from Attorneys
Re: Statute of limitations on credit card fraud.
The statute of limitations is tolled while you are out of the country. In other words, it won't run while you are in the UK. So, if you do come back, they may, and probably will, sue you for the debt.
Re: Statute of limitations on credit card fraud.
The statuted is tolled while the defendant is outside of the jurisdiction. Contact me directly.