Legal Question in Credit and Debt Law in California
bad check 4 years ago
I received a call about a bad check I wrote back in 1999 saying they are suing me for the bad check I wrote + additional fees. My question is, can they still make a claim out of this matter even if it was 4 years ago?
3 Answers from Attorneys
Re: bad check 4 years ago
The statute of limitations is either 2 years on an oral contract and 4 years on a written contract from the date of the breach. You may even have a case against them under the F.D.C.A. if the statute of limitations has passed. I would be happy to review your documentation and provide you with consultation. 714 363 0220.
Re: bad check 4 years ago
The other attorneys are correct in that the statute of limitations is 4 years and they might be violating the Fair Debt Collection practices Act by making collection attempts. However, if you made a partial payment during the last 4 years -- or if they can trick you into making a partial payment -- the clock resets and they can come after you for another 4 years.
4 year statute.
Four year statute on written contracts.
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