Legal Question in Credit and Debt Law in California

Statute of Limitations-Creditors

How long does a credit card company or collection agency have in California to file for a lein or judgement? the default on the credit card occured in 1994, the account has been transfered to several different collection agencies since then. We have not spoken or answered any of the last 2 agencies for over a year now. How long do they have to file for a judgement or lien?


Asked on 2/03/00, 10:53 pm

1 Answer from Attorneys

Joshua Genser Joshua G. Genser, Attorney at Law

Re: Statute of Limitations-Creditors

The statute of limitations is, at most, 4 years.

That means that a lawsuit over a breach of a written contract, such as your contract to repay the credit card charges, must be brought within four years of your default.

However, there are circumstances under which that

period may be extended, such as if you spent some time

out of state or if you concealed yourself from your

creditors. The time period may also be extended if

you at any time made a new promise to pay.

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Answered on 2/04/00, 6:30 pm


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