Legal Question in Credit and Debt Law in California

I have just received a CIV-100 relating to credit card account on which the date of last payment was October 26th 2009.

This would therefore be out of statute in one year from now. So does this mean that the statute of limitations' clock has now restarted?

Do you have any thoughts about how I should proceed. I have zero assets, zero income, am unemployed and disabled. I live through the charity of friends and relatives which is shameful, but true.

When I met with financial disaster in 2008, I did not file for bankruptcy. Since then I have not filed because of the associated legal costs.

Any thoughts would be appreciated.

HBD


Asked on 10/25/12, 11:27 am

1 Answer from Attorneys

The clock has not restarted, it has stopped ticking. The statute of limitations is the time limit for filing the suit. Once the lawsuit is filed within the time permitted by the statute, the statute is no longer in play. The only way it would come into play again is if the suit is dismissed without prejudice. In that case the statutory clock not only starts ticking again, it's as if it had never stopped. So, for example, if there is a 4 year statute of limitations, and a complaint is filed 3 years and six months after the cause of action arises, then it is dismissed two months later, there would be four months left to file. If it is filed 3 years an six months after the cause of action arises, and then is dismissed seven months later, it could not be refiled.

As for your financial situation, your only option in the circumstances you describe is bankruptcy. There are self-help programs and fee waivers available. Contact your local Bankruptcy Court for further information.

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Answered on 10/25/12, 11:58 am


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