Legal Question in Civil Litigation in California
My ex and I had a credit card. She ran it up and now the company wants to sue me as I was the principal on the card. This was from a card opened in 2003 and last payment was made in 2006. I thought she had paid it as I haven't heard anything until this week. Am I still liable for this amount legally? Isn't there some limit as far as time that they have to collect ?
1 Answer from Attorneys
As the principal on the card, you are liable, as you let her use your credit. The debt, however, is based upon a written contarct. If the lat charge was mnore thatn 4 years ago and neither she nor you have done anything to accept the obligation to pay the debt within the last 4 years [such as saying you would pay, making a partial payment, etc.], then the creditor is barred from collecting by the Statute of Limitations. Creditors and collection agencies often go after people even when they know the debt is barred.
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