Legal Question in Credit and Debt Law in California

My wife signed a loan document with her ex-husband in 2006. Due date was 10/30/2014. She has paid nothing on this and has not spoken to him about this in many, many years. He now wants the money. The debt doc was an accumulation of things during the marriage and a bit after divorce. For reason too lengthy for here I do not feel this money is now owed.

My question � Based on the minimal info above, and the time frame which has passed with no talk of this (nearly nine years), no acknowledgment and no payments made, are we obligated to pay on this.


Asked on 6/10/16, 12:55 pm

2 Answers from Attorneys

I'm assuming by talking about time passed and "obligated" what you really want to know whether the agreement is still enforceable in court. The answer to that appears to be "yes." Since the due date was in October 2014 and the agreement is written, he has until October 2018 to file suit to collect on the agreement.

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Answered on 6/10/16, 1:29 pm
Carl Starrett Law Offices of Carl H. Starrett II

It isn't possible to be certain without further details. However, the statute of limitation for breach of a written contract is 4 years. If the debt wasn't due until 2014, then the time to file a lawsuit wouldn't expire until after October 2018. Also, you wouldn't have to pay it but your wife might.

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Answered on 6/10/16, 1:39 pm


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