Legal Question in Credit and Debt Law in California

I'm being sued for a credit card debt almost 5 yearsold

I am being sued for a credit card debt that is well past the statue of limations in my state(California). This lawyer had originally sent me a letter in early January warning me of this and asking me to provide documentation of the dispute. I sent him a form letter that I found online that disputes the debt on the basis of the said

statute and warns him to stop contacting me on this matter. That letter was sent through certified mail for which I still have a copy and receipt. I also have a copy

of my credit report that also supports my claims. I plan on answering this summons and showing up to court to have it dismissed based on the expired statute. In addition, I have never made ANY offers of payment (written or otherwise)in the past although he mentions in the summons that I agreed that I owed this debt within the last 4 years. I know that I did not do that and wouldn't he have to offer proof that I did? I've heard that the SOL in California regarding debt can only be restarted if a payment is made (which it has not per my credit report). What I want to know is if there would be any situation where the judge would make an ''exception to the rule'' and what proof besides my credit report should I bring?


Asked on 3/29/06, 7:19 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: I'm being sued for a credit card debt almost 5 yearsold

You are smarter than the average bear. Most LawGuru posters just pay up, or they get tricked into restarting the SOL clock by making a partial payment or a promise to pay. Only then do they post here. You actually sent certified mail and kept the return receipt. The judge ought to rule in your favor and you should then turn around and sue for malicious prosecution and/or an FDCPA violation. If your case is not in small claims court, email me for more info.

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Answered on 3/29/06, 8:24 pm


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