Legal Question in Credit and Debt Law in California
statue of limitations
How long does a collection agency haveon limitation before going to court and how is the date determined??
Asked on 8/13/07, 9:17 pm
2 Answers from Attorneys
Michael Meyer
Law Ofc. Of Michael J. Meyer
Re: statue of limitations
Claims of debt based on written contracts are barred after four years in California, and for oral contracts, claims are barred after 2 years.
The limitations period begins running onthe day you breached the contract, which is the first day your payment was considered late.
Answered on 8/13/07, 11:37 pm
Larry Rothman
Larry Rothman & Associates
Re: statue of limitations
In California, the statute of limitations is generealy 2 or 4 years from the date of the breach. A collection agency may have violated the Fair Debt Collection Act by attempting to collect a debt past the statute of limitations. Please call me if you have any questions.
Answered on 8/16/07, 12:16 pm
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