Legal Question in Credit and Debt Law in California

Re: Credit Card Debt Statue of Limitations

No, not legally they cannot. Unfortunately, because many people do not know that the statute of limitations is 4 years, the banks and collection agencies get away with this all the time.

You need to plead a statute of limitations affirmative defense in your answer to the lawsuit. The answer needs to filed in a limited amount of time after you are served with the lawsuit.

Also, this may well be a violation of the Rosenthal Act and FDCPA, so you can turn around and sue the collector!

-- Amy Kleinpeter

http://www.amykleinpeter.com

Re: Credit Card Debt Statue of Limitations

They can file a lawsuit, and if you do not properly raise the statute of limitations as an affirmative defense, you will lose. If you list the correct section and paragraph numbers from the Code of Civil Procedure as an affirmative defense in your answer, and the case against you was filed outside the statute of limitations, and there are no events that would stop or reset the clock such as your making a partial payment or promise to pay, you should win.

Re: Credit Card Debt Statue of Limitations

The Statute of Limitations is normally four years from the date of breach. If the collection agency sues you, you have a valid affirmative defense. You may have a case against the collection agency for violation of the Fair Debt Collection Act. Please contact me if you have any other questions.

Re: Credit Card Debt Statue of Limitations

The agency cannot LEGALLY sue you, but I have seen collection agencies attempt to do exactly that. I won such a lawsuit against an collection gency last year. You should raise the defense promptly if they sue you, either in a motion called a demurrer or in your answer.

A collection agency threatening to sue when it cannot legaly do sue is a potential violation of the Fair Debt Collection Practices Act. If this happens, contact a local attorney about pursuing a claim against the collection agency.