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Can I be sued for credit card debit over 10 yrs old

Colton, CA |

power of attorney was given to a debit mgmt company and the creditor acknowlege receipt of

Attorney Answers 3


  1. You could be sued, but whether the lawsuit is proper is a factual question.

    In California, the statute of limitations for a credit card debt is 4 years. The statute of limitations runs from the date on which the debt became due or the date of the past payment (whichever is later in time).

    If you make any payment after the statute of limitations has expired, the statute of limitations will start running anew.

    If the company to which you gave a power of attorney entered into a tolling agreement on your behalf, then the statute of limitations could be extended.

    Frank W. Chen is licensed to practice law in the State of California only. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.


  2. As my colleague ably noted, not successfully, if no payments have been made in the last 4 years (the statute of limitation for a written contract in CA), and there's been no tolling agreement, or you hadn't left the country or state during the time the statute was running, which would toll it.

    But remember, anyone can sue anyone for anything, and it's up to the defendant to timely and effectively assert any defenses they've got, such as expiration of the SoL.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.


  3. Unless you have made payments within the past four years you will have the statute of limitations as a complete defense.

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