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  1. #1

    Default What Constitute Tolling in Regards to Statute of Limitations

    My question involves collection proceedings in the State of: CA
    If a debt was accrued in 2000 in CA and I moved out of CA for 2001, returning to CA in December 2001 would the statute of limitations be tolled due to leaving CA? If so when would statute of limitations start running again? This is in regards to a payday loan that they say was never paid back but I never heard anything of this not being paid till now. Thanks

  2. #2
    Join Date
    Sep 2010
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    Default Re: What Constitute Tolling in Regards to Statute of Limitations

    Here's the statute (Civ. proc 351):


    If, when the cause of action accrues against a person, he is
    out of the State, the action may be commenced within the term herein
    limited, after his return to the State, and if, after the cause of
    action accrues, he departs from the State, the time of his absence is
    not part of the time limited for the commencement of the action.

    The time stopped running while you were out of the state (day for day). There are other things that might toll the limitations period, mostly revolving around your inaccessibility for being sued.

    However it sounds like a suit started now is well outside the SOL even with the tolling.

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