Legal Question in Credit and Debt Law in California

statute of limitations for debt

all websites I have queried about SOL for CALIF. (debt) is 4 years for a contract or Prom Note. But I looked up Code of Civil Procedure which has a clause 336a indicating 6 years for a NOTE. I have an agreement (NOTE as 2nd mortgage against a trust deed) from a bank which has a charge-off of 04/1997, but I made a partial payment in 02/2002. Does the SOL start in 1997 or 2002 and is it for 4 years(code 337) or 6 (code 336a)?


Asked on 10/19/07, 8:11 pm

1 Answer from Attorneys
Larry Rothman Larry Rothman & Associates

Re: statute of limitations for debt

The statute of limitations generally runs from the last payment, but it appears to run if this debt was unsecured. Secured debts have other rules. Did you receive any demand letter? We would have to review it in order to determine if there is a violation under the Fair Debt Collection Act. Please contact our office if you have any questions.

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Answered on 10/20/07, 8:45 am


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