Legal Question in Credit and Debt Law in California
Someone sues me, but then dies
A relitive made me a loan 20 years ago. It was never paid. With no notice, a suit was filed against me in superiior court last Wednesday to recover that debt by the relitive. She died less than 24 hours later.Does the case get canceled if one party dies or was that a ploy to make it part of her estate?
2 Answers from Attorneys
Re: Someone sues me, but then dies
It sounds like the loan is uncollectible under the statute of limitations. In your case, I would probably recommend a demurrer. If there is no response, the case will probably be dismissed.
Re: Someone sues me, but then dies
The four-year statute of limitation likely has run on a written agreement to repay, or two years on an oral agreement.
This would be raised in your demurrer to the complaint on which, barring any unusual circumstances, you should prevail.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
