Legal Question in Credit and Debt Law in California

My husbands mother had a promissory note (dated 11/03) from his ex-wife for $28k, which no one was aware of. We live in Ca. so the statute of limitations was good for four years. My mother in law became ill 2 years later and passed away 6 months after that. My husband was executor of her will but wasn't made aware of the note until it had expired. Now he would like to collect on it. Does he have any recourse? Thanks, Brooke


Asked on 12/09/09, 6:40 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

The question is date-specific, and also depends on when the note was to be paid.

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Answered on 12/15/09, 12:26 pm
Melvin C. Belli The Belli Law Firm

You had four years from when the note was to be paid to file a suit. If you waited longer than that unfortunately the statute of limitations has run which is a complete defense to a suit on the note.

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Answered on 12/17/09, 11:27 pm


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