Legal Question in Credit and Debt Law in California
A Time limit on collecting on a debt.
I have heard of a law called the 'Letchers? or 'leches? Law' I was told that this law states that to collect a debt there is a timely manner in which you have to persue money owed to you. My question: I owe my ex husband 40,000 which he told me he did not want to collect on. Three years ago went by and then suddenly he takes me to court to say he now wants it. We were friends and in contact daily as we raise our daughter together. We had a great realationsip, in which he told me he was just angre with me and did not intend to collect on it. Then three and half years later he files with the courts, saying he now wants his money. Is there a law I can refer to in order to show he could have persued at any time but told me he did not want his money. Is there any law I can refer to in this very frustrating situation. I thank you for you help on advance.
Sincerely
Angela
1 Answer from Attorneys
Re: A Time limit on collecting on a debt.
I think the "law" you are referring to is an affirmative defense known as "laches." Basically, using this defense means that the plaintiff in a lawsuit has waited too long to pursue its rights.
If you are being sued, and have been served with a summons and complaint, you need to contact an attorney immediately. Although the defense of "laches" may apply, it sounds like the $40,000 debt is based on some sort of contract, or order entered in a divorce court.
The statute of limitation (the longest period the plaintiff can wait to sue on a contract) in California is either 2 or 4 years, depending on whether the contract was in writing. Either way, if you do not properly respond to the summons and complaint within 30 days of being served, you will lose your right to defend the lawsuit.
A default judgment can then be entered against you, and your ex-husband can then begin "enforcing" the judgment. Enforcing the judgment can take many forms, including garnishing your wages, and attaching your bank accounts, among other things.
I cannot stress enough that you need to see an attorney -- immediately.
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