Legal Question in Civil Litigation in California

Re: Personal Loan debt

He'd better promptly take action. Check with the BK court to see IF listed on the BK. IF not, file suit on the debtor and serve him. Don't assume the statute prevents collection, make the debtor prove his defense to the suit.

Re: Personal Loan debt

If the person filed for Chapter 7 bankruptcy and the debts were discharged, even if your father's loan was not listed, he might be barred from ever collecting. If there was no bankruptcy and the person paid some money back, then the 4-year statute of limitation on a written agreement starts running on the date of the last payment. Assuming there was no payment, again, your father might be out of luck. Check the actual dates.

Re: Personal Loan debt

There is a four year statute from the date of the breach - not the date of the agreement. We would need to see the due date and payment schedule. Was it a demand note? Please call me if you have any questions.