Statue of Limitations on cc debt in Ca.

[ready2puke]

I just found this link..it says 4 year but only 2 years if not in writing. So what if you did online? Does that mean only 2 years?

http://www.bcsalliance.com/debt1_california.html

[kornellred]

Best to simply ignore Statute of Limitations trivia altogether. First of all - most creditors come at the debtor hard and fast - practically no one slips through the net. Second - the SOL clock gets reset every time a debtor admits to owning a debt. It's as simple as ignoring debt collectors - which is tantamount to admission.

You will be denied any sort of smug satisfaction from declaring to debt owners - "Ha Ha you never asked me for any payments in the past "x" number of years - therefore, you can no longer legally ask me."

It'll be up to the judge to rule on this medieval oversight.

[WhatMoney]

Best to simply ignore Statute of Limitations trivia altogether. First of all - most creditors come at the debtor hard and fast - practically no one slips through the net. Second - the SOL clock gets reset every time a debtor admits to owning a debt. It's as simple as ignoring debt collectors - which is tantamount to admission.

To the original poster - the SOL for California CC debt is 4 years. Makes no difference how you signed up for the card.

Second, the bolded comment above is 100% wrong. In CA, you must explicitly admit IN WRITING, with your signature, that you are beginning a new payment plan and/or acknowledge the debt to have the SOL reset. Verbally acknowledging the debt is not sufficient to reset the SOL. And making a payment is also NOT sufficient to reset the SOL in CA, unless you have also agreed to a repayment plan in writing.

Ignoring a debt collector is the best thing you can do to prevent a reset of the SOL.

SOL is only used as an affirmitive defense if a creditor tries to sue you outside the SOL, when the debt is already time-barred. If you ignore a summons before the SOL has run out, you can get a default judgment that can continue forever with renewals. But that is not the same as resetting the SOL. CA law is very clear what can and cannot reset the SOL.

No acknowledgment or promise is sufficient evidence of a new
or continuing contract, by which to take the case out of the
operation of this title, unless the same is contained in some
writing, signed by the party to be charged thereby, provided that any
payment on account of principal or interest due on a promissory note
made by the party to be charged shall be deemed a sufficient
acknowledgment or promise of a continuing contract to stop, from time
to time as any such payment is made, the running of the time within
which an action may be commenced upon the principal sum or upon any
installment of principal or interest due on such note, and to start
the running of a new period of time, but no such payment of itself
shall revive a cause of action once barred.

http://law.onecle.com/california/civ...edure/360.html

Section 360 of the CACP has also been case tested - here are case law discussions:
http://books.google.com/books?id=fBU...page&q=&f=true

BTW, this question should have been asked in the Collections Forum. The General Talk Forum is where people express their opinions without facts.

(ok back to watching the tsunami.)

[HHM]

Still though, the SOL is relatively useless in the collection scenario. IT IS ONLY a defense to a lawsuit. A collection agency may still harass you, re age your credit report (not supposed to but it happens), so long as they do not threaten to sue you.

[treehugger1]

Just in case you think you might test the SOL defense in the future, keep all your past bills from the OC. These often show how far past due you are. This documentation could be useful to you in the future if some CA or JDB attempts suit on an account outside the SOL. It is a great defense, if you are beyond the SOL. As HH stated, it will be up to you to provide the defense in a court of law.

[WhatMoney]

SOL is only used as an affirmative defense if a creditor tries to sue you outside the SOL.

That's my quote of from three posts ago. Guess I'll repeat it again, since everyone else is.

[jacko]

What happens if you move to another state that has a shorter SOL?

Lets say I move from a state that has a 6 year SOL to one that has a 3 year SOL?

Does a judgement follow as well?

[treehugger1]

What happens if you move to another state that has a shorter SOL?

Lets say I move from a state that has a 6 year SOL to one that has a 3 year SOL?

Does a judgement follow as well?

I'm not sure about the SOL.

In terms of a judgment, the judgment can be domesticated in your new state. At least this is true in oregon. At that time I suppose the SOL on the judgment is now under the new state's laws.

[WhatMoney]

What happens if you move to another state that has a shorter SOL?
Lets say I move from a state that has a 6 year SOL to one that has a 3 year SOL?

This link explains the SOL question. Usually it's the state you are sued in, but there are exceptions:

http://www.creditinfocenter.com/word...when-you-move/
.

[HHM]

What happens if you move to another state that has a shorter SOL?

Lets say I move from a state that has a 6 year SOL to one that has a 3 year SOL?

Does a judgement follow as well?

Doesn't matter. Also, the creditor only needs to sue you in the state of last known address. So if you move from CA to TX; you could conceivably be sued in CA, not know about it, and bam, now you have a judgment.

Just one more reason why this is a BAD strategy.

I never really understood "passive" inaction. Be proactive, solve the problem, don't let others control you, because that is what you are doing. Playing the SOL game is only phantom control. People confuse making the "choice" not to pay, with "control" over their lives and finances. Until you RESOLVE the underlying debt in some way, (pay it, bankrupt it, or settle it), it will continue to aeffect you.

[GoingDown]

Best to simply ignore Statute of Limitations trivia altogether. First of all - most creditors come at the debtor hard and fast - practically no one slips through the net. Second - the SOL clock gets reset every time a debtor admits to owning a debt. It's as simple as ignoring debt collectors - which is tantamount to admission.

You will be denied any sort of smug satisfaction from declaring to debt owners - "Ha Ha you never asked me for any payments in the past "x" number of years - therefore, you can no longer legally ask me."

It'll be up to the judge to rule on this medieval oversight.

Are you a debt collector, Kornellred?


No, they do not always come after the debtor hard and fast. Most of my charged off credit card debts have never sued me and are now so old that they are beyond the Arizona statute of limitations.

Anyways, the statute of limitations is a valid defense against lawsuits.

Here is an Arizona court case where the 3 year statute of limitations was used against a credit card debt lawsuit... http://www.courtminutes.maricopa.gov...9/m3538792.pdf

[HHM]

We know that, it is a valid defense against a lawsuit. But it doesn't prevent collection.

[WhatMoney]

I never really understood "passive" inaction. Be proactive, solve the problem, don't let others control you, because that is what you are doing. Playing the SOL game is only phantom control. People confuse making the "choice" not to pay, with "control" over their lives and finances. Until you RESOLVE the underlying debt in some way, (pay it, bankrupt it, or settle it), it will continue to aeffect you.

Different strokes for different folks, HHM.

For a few of us "passive inaction" is the best course. None of your three choices make any sense for my situation. I cannot accomplish two of them, and bankruptcy with no assets to protect now or any time in the future is a waste of my time and money. My attorney agrees.

All of my debts will be out of statute in another 1 1/2 years. Once that happens I and my attorney will aggressively go after any creditor that knowingly attempts a lawsuit on out-of-statue debt. To me that's a plan that works. If I become senile in 20 years and am unable to defend myself, my attorney, who is 25 years younger, will watch out for me.

The only way I'd use the BK route is if I was extremely bored with life and decided to go pro se Ch.7 just for kicks. But why I would want a BK on my credit report for another 10 years, when my debts are close to rolling off, is another puzzler.

[jacko]

I am being very proactive. The only asset that I have is my vehicle. The trade in value depending one ones view of what condition my car is. I view as fair condition while another opinion can elicit a good condition. So my trade in value variance is between $3800 to $4500. My state exemption is $4200 which will rise in July. So, I think my vehicle is safe.

Have no job and health insurance. Makes no sense to file at this time. I only want to file once if the condition warrants it.

Doesn't matter. Also, the creditor only needs to sue you
I never really understood "passive" inaction. Be proactive, solve the problem, don't let others control you, because that is what you are doing. Playing the SOL game is only phantom control. People confuse making the "choice" not to pay, with "control" over their lives and finances. Until you RESOLVE the underlying debt in some way, (pay it, bankrupt it, or settle it), it will continue to aeffect you.

[keepmine]

The SOL question is not a one size fits all. It's highly dependent on state law.
For ex. it's against the law in Wis. to even attempt to collect a timebared debt. I'll have to search for the specific cae {had it but lost the link} but, here's a link to a Wi. lawfirm. Note the 4th FAQ.

http://www.kohnlaw.com/faq.cfm

Statute of Limitations

What is the statue of limitations on open account purchases in Wisconsin?
The statute of limitations in Wisconsin on open account purchases is six years from either the last date of purchase, or the last payment date, whichever is later. Recent Wisconsin case law prohibits us from accepting and making demand on any claim out of statute.

and here's one where a lawyer used Cap 1's credit card agreement to successfully argue that Virginia's shorter SOL applied as opposed to Fl's longer SOL. Why you'd go to all this over $800 is beyond me.

http://www.creditblogging.net/florida-consumer-wins-debt-collection-lawsuit-120000/