What is the statute of limitations period for California? Does the statute of limitations starts all over again when a creditor

Asked about 3 years ago - Modesto, CA

sales your account to a collection agency?

Attorney answers (3)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    Answered . In California, the statute of limitations for open accounts such as credit cards is four years from the last date of payment -OR- the last date of use. The statute of limitations does not start over when the creditor sells or assigns the account.

  2. Christine C McCall

    Pro

    Contributor Level 20

    Answered . See my previous answer to your first post.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  3. Robert Harlan Stempler

    Contributor Level 19

    Answered . There is no single statute of limitations in California on unpaid debts, as debts may or may not be written, certain debts have their own statute of limitations, and the creditor may sue the debtor using certain causes of action in their complaint, but not others. Each cause of action has its own way of computing the statute of limitations.

    Each debt has it's own limitations period depending on the nature of the debt, how it was documented, the payment history, any written promises, the last time credit was extended, and when the creditor declared the account in default. The creditor or a debt collector selling or assigning the debt has NO EFFECT on the statute of limitations.

    Please take a look at my Blog entitled, Don't Pay a Dime Strategy, if you are interested in learning more about avoiding bankruptcy. I have it linked, below.

    Robert Stempler (please see DISCLAIMER below)
    www.StopCollectionLawsuits.com

    NOTICE: The above statements are provided for general information purposes only and are not intended as legal... more

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