When does statute of limitations begin on credit card debt? on last payment or upon charge off? (in California)

Asked over 2 years ago - San Diego, CA

Last payment Nov. 2007
Charged off May 2008

Is SOL 4 years on CC debt?
Is SOL Nov. 2011 or May 2012?

Additional information

Does statute of limitations begin on last payment, last scheduled missed payment or charge off date?

Attorney answers (4)

  1. Christopher James Cook

    Pro

    Contributor Level 8

    3

    Lawyers agree

    Answered . In California the statute of limitation for a credit card debt is 4 years. The statute of limitation 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 limitation has expired, it will statute of limitation will start running anew. Once a debt is time barred i.e. the statute of limitation for that debt has expired, then you have a valid legal defense in case the creditor files a lawsuit for collection of that debt. The debtor however is not prohibited from attempting to collect the debt even after the statute of limitation has expired.

    Legal Disclaimer: The answer above should not be relied upon as legal advice. The information provided above is... more
  2. Dorothy G Bunce

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Statute of limitations begins the clock ticking from the time of the last payment. In some places, the clock can start ticking again if the debtor acknowledges owing the debt. The charge off date on the credit report is meaningless.

    Hope this perspective helps!

  3. Mitchell Paul Goldstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . Charge off is about 6 months after the default date. It has nothing to do with the date default. Date of last payment or last charge, whichever comes last, is usually the date on which the SOL starts ticking. That is, unless you restarted the SOL.

    Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice.... more
  4. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The statute of limitations is generally four years from the date of the last payment or actual charge on the account. However, some terms and conditions apply other states laws (ex. Delaware) which have shorter 3 year statute of limitations. Therefore, the answer is it depends on the particular credit card. You may feel free to call me for a free consultation at 415-441-1052. I handle these cases on a regular basis.

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