Legal Question in Credit and Debt Law in California

statute of limitations

My husband was hit in 1999 by another driver with no insurance, my husband's car was totaled. The driver was court ordered to pay restitution in the amount of 8000.00 (the exact amount left on my husbands car loan). We have gotten many calls from the company to collect on the loan and tried contacting the court house in CA about non-payment on the court order. Needless to say we have gotten no place. We have never made a payment or promise of payment. Has the statute for them to collect run out? We are moving next year possibly to CA, and are concerned about them trying to garnish him(we have thus far been living in nongarnishing states). We are military with two children and can't afford to be garnished.


Asked on 8/13/06, 2:00 pm

2 Answers from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: statute of limitations

I do not know the laws of California, nor am i admitted there. I can give no advice as to California. I would think that before there could be any garnishment you would have to be sued and you could defendusing the running of the statute of limitationsas a defense.

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Answered on 8/14/06, 3:38 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: statute of limitations

If it were court-ordered, then it likely was a criminal case. You might contact the District Attorney's office, provide the case name and have it enforce the court order. It's too late to bring a civil action against the other driver.

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Answered on 8/13/06, 2:09 pm


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