What is the statue of limitation on past due invoices?
Whittier, CA
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Posted 5 months ago in Debt Collection
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I am a business owner that has a vendor seeking payment for '05/'06 invoices in which I have no record of these invoices.
Answers (1)Henry Brian LaTorraca
This attorney is licensed in California.
Posted 5 months ago.
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In California, the statute of limitations on an oral contract is 2 years.
In California, the statute of limitations on a written contract is 4 years. In California, there is an additional statute of limitations in Code of Civil Procedure section 337(2) as follows: 2. An action to recover (1) upon a book account whether consisting of one or more entries; (2) upon an account stated based upon an account in writing, but the acknowledgment of the account stated need not be in writing; (3) a balance due upon a mutual, open and current account, the items of which are in writing; provided, however, that where an account stated is based upon an account of one item, the time shall begin to run from the date of said item, and where an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item. More facts would be necessary to see which of these statutes apply. |