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Complicated SOL Question

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    Complicated SOL Question

    Hey everyone,
    I have a question about the SOL in California.

    I was sued last winter for a debt and the judgment against me was vacated. The date of last payment/date of first delinquency for me was in the summer of 2007. I think the SOL in California for a civil case is 4 years.

    My question is: Does the SOL reset for the CA for another 4 years based on the date when they first filed their lawsuit in 2009 or when I made my last payment in 2007? If CA can essentially reset the SOL every time by filing a lawsuit, what's to stop them from doing this indefinitely?

    Dazed and confused.

    #2
    Why was the judgment vacated in the first place?

    Comment


      #3
      Dear HHM,
      The notice says that 'a minute order vacating the default' judgment prematurely granted against me is because the proof of service must show that the affidavit was served in the same manner as a summons. It notes that the defendant's time to plead commences with the proper service of the venue statement.

      The letter practically encourages a re-filing by the CA once all the corrections have been made.

      Comment

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