Is the statute of limitations on a written consumer debt in California four years from the date of the first delinquency?
Beverly Hills, CA |
Debt collector allegedly purchased from creditor in 2007. Claims 240 months delinquent as of 12/09 which means first delinquency fell 4/08. Four years from 4/08 would be 4/2012. Complaint filed 5/13. Just want to confirm as a reason for dismissal.
on a breach of written contract theory it is four years from the first date of breach (non-payment when obligated to do so). On a common count theory it is 4 years from the date of the last payment or actual charge. Therefore, if you have made payments along the way they would need to be factored in to determine whether statute of limitations bars the lawsuit. You would raise this as a defense in any lawsuit that is filed against you and explore the dates through the written discovery process. Good luck.
I am not from California but I believe the statute of limitations is 4 years from the date of the last delinquency--that is the 4 years starts to run one month--assuming you were to pay monthly--from your last payment.
There may be--though unlikely, some exceptions. THere may also be other defenses to this claim aside from the statute of limitations. YOu need to retain a lawyer who specifically handles credit card claims.
Go to the website for the National Association for COnsumer lawyers and use the search feature to find a lawyer near you.
If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.