Legal Question in Credit and Debt Law in California
Trial for Collection after SoL
I have been to court 3 times and to a mediation once. Each time I went to court, I thought the judge would dismiss the case due to the SoL of 4 years. I have the proof that the date of last actitivity was well over 4 years before this started. Why do you think this is this going to a trial?
3 Answers from Attorneys
Re: Trial for Collection after SoL
The only way to address SOL is at trial or upon a Motion.
Re: Trial for Collection after SoL
You needed to make a Summary Judgment Motion and allege it in the Answer. Get reprsented immediately. Call me directly at 1.619.222.3504.
Re: Trial for Collection after SoL
You can just walk in to court and expect the judge to dismiss the case. You have to schedule a property motion with the court or present your evidence at trial.
If the S/L defense is readily apparent from the pleadings, you can file a motion for judgment on the pleadings. However, you will most likely need to file a motion for summary judgment and present declarations and other documentary evidence to show the judge that you have a complete defense.
Finally, you can address the matter by presenting evidence at trial. The court will set the trial date at its own convenience.
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