Legal Question in Credit and Debt Law in California

Personal loan collection

What is the statute of limitations on personal loans in CA? I lent someone $60K and she will not pay me back. I have something in writing acknowledging the debt from her. What are my options and chances of recovery?


Asked on 5/20/05, 4:40 pm

5 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Personal loan collection

the SOL in CA for contractual based debt is typically 4 years. from the facts given, it should be fairly routine in collection of this alleged debt owed to you. if you would like further assistance, contact us directly.

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Answered on 5/21/05, 3:45 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Personal loan collection

In general, the California statute of limitations on a debt evidenced in writing is four years. Your chances of recovery depend on whether the defendant has a job, money, real estate, or other assets.

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Answered on 5/20/05, 5:24 pm
Larry Rothman Larry Rothman & Associates

Re: Personal loan collection

The statute of limitations is 4 years on a written contract from the date of the breach. I cannot assist you in predicting the chances of recovery until I do an asset search. Please contact our firm if you need assistance in collecting your debt.

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Answered on 5/30/05, 10:20 am
Joel Selik www.SelikLaw.com

Re: Personal loan collection

4 Years.

Does the debtor have a house, job, assets? If yes, your chances of collection increase.

They also increase with an aggressive collection attorney. Caution, collection attorneys charge up to 50% on contingent fee, or you have to pay hourly fees in advance (as do I).

JOEL SELIK Attorney at Law

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We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

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Answered on 5/21/05, 6:26 am
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Personal loan collection

Sounds like the foundation is there. I would need more facts and I would need to see the "acknowledgement" before I could give you a true assessment.

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Answered on 5/21/05, 9:56 am


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