Legal Question in Credit and Debt Law in California
unpaid credit card debt
I have been served with a Notice of Hearing; Proof of Service dated 4/4/07 for an unpaid credit card debt. I understand that the statute of limitation for a credit card debt in CA is four years. How do you exactly calculate this four years? Is the start date of the 4 years based on the last payment I made on this card which was 3/20/03 or when the check cleared on 3/25/03? And when is the end date of the 4 years? Is it 4/4/07, which is the date of the Notice of Hearing? If everything is correct, it looks like my case is just a tad over 4 years. Can I raise the statute of limitation as an affirmative defense? Please help!
3 Answers from Attorneys
Re: unpaid credit card debt
From the date of the breach, or the last date of performance. Yes assert it and get the evidence to prove it and then make a summary judgment motion. Contact me dircectly.
Re: unpaid credit card debt
You would be well advised to state the SOL defense. The Plaintiff may disagree with your dates, but an experienced consumer law attorney will force the plaintiff to produce documents proving the debt. Feel free to contact me to discuss. 8772018728
-Bryan Becker
Member, National Association of Consumer Advocates
www.naca.net
Re: unpaid credit card debt
Always raise the statute of limitation as a defense! A lawsuit must be filed within four years from when the last payment was due but not paid.
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