Legal Question in Credit and Debt Law in California
Statute of Limitations
Can someone tell me what the Statute of Limitations timeframe is from the date of last credit card payment. I believe a collection agency is violating this law and has also filed a civil complaint for a credit card debt against me in a county that I have not lived in for 1 1/2 years.
2 Answers from Attorneys
Re: Statute of Limitations
The statute of limitations is usually 4 years, but that time can be extended if they claim you made in promises to pay in the last 4 years.
Re: Statute of Limitations
The statute of limitations for credit card debt is generally 4 years from the date of the default or the last payment. They must file the lawsuit in the county where you live.
Suing you in the wrong county and suing you for a time-barred debt are both violations of the federal Fair Debt Collection Practices Act. Depending on the facts, you might have a claim for damages against the collection agency. I suggest you consult a local attorney about these issues and any possible defenses you might have to the collection lawsuit.
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