Legal Question in Criminal Law in California

Re: Defaulted on SBA loan. Statute of limitations?

You are not being charged with defaulting on your student loan -- which is not even a crime. Without more facts I could not begin to say what led to these charges, but a mere loan default wouldn't lead to anything like this.

The case you cite does not deal with the same laws the prosecutor is using against you here, so as far as I can tell it isn't applicable to your case. Offhand I don't know what the applicable limitations periods are for the sections under which you have been charged, or whether there are any exceptions in cases involving student loans.

Also, without knowing more facts, I cannot say whether the limitations period actually began running when you signed the student loan papers or not. If these charges are based on later events, then the statutes would have begun running on the dates those events took place. It seems that at least some of the charges must be based on events after you signed the loan application.

The charges against you are very serious. You need to sit down face-to-face with competent defense counsel immediately to get a handle on what is going on here. The lawyer will want to know a lot more facts than you can provide in the finite space available on this web site, and will need to have a lengthy dialogue with you. LawGuru simply isn't set up to work this way.

If you can't afford a lawyer (most people who default on their student loans can't) the court will appoint one for you. Don't let any more time go by -- you need to find an attorney right away.

Good luck.

Re: Defaulted on SBA loan. Statute of limitations?

Just a correction -- my prior response said "student loan" instead of "SBA loan". The analysis is the same regardless of the type of loan at issue, so don't let my error lead you to doubt the rest of my answer. You still need a lawyer ASAP.

Re: Defaulted on SBA loan. Statute of limitations?

It may be true, but you have not provided enough information to provide a valid or useful opinion, nor to address all the many issues raised in those charges. The first assumption to be dealt with is that the prosecutor already reviewed the filing for such statutory problems, and believes there are none. You should not rely upon any advice given unless from an experienced attorney who has reviewed all the facts and documents with you, and with whom you have a 'comfort level'. Feel free to contact me if interested in having such consultation.