Legal Question in Civil Litigation in California

Well first you have to quash service if it was not valid. However, service date is not the relevant date for the statute of limitations. The filing date is what counts. Also, you can only demur if the limitations issue is on the face of the complaint. For example, if they are stupid enough to plead that you breached the obligation to pay in 2005 and they filed in 2010. Most often, though, whether they have a limitiations problem or not, they simply plead "within four years last past, defendant became indebted . . ." or something like that. If you have to present evidence to show that the limitations period passed before the case was filed, you have to file an answer, and then file a summary judgment motion.

Mr. McCormick is correct. You will have to review the Complaint to see if based on their allegations, the acknowledge the action is time barred. Most likely this will not be the case. Determining the point in time in which the statute of limitations begins to toll can be tricky in collections cases and collection law firms will often play with the dates to suit them. My suggestion would be to seek the assistance of a consumer law attorney to determine your strategy. If you would like more information, please feel free to contact me directly.

Regards,

Bryan

Becker Attorneys

877-201-8728

[email protected]

I am very interested in defending cases that are past the statute of limitations. My defense of cases that are past the statute of limitations was recently featured in a New York Times article. You may be entitled to damages (money). Won't you please call me to discuss.