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  1. #1
    Join Date
    Apr 2006
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    California
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    5

    Default Court ordered Debt Collection for Traffic Citation in 1983

    My boss told me today that the state of California Franchise tax board was issuing a withholding of my check??? Never recieved any notice, called number on paper was told they sent notice, to my address from 1983, that was on the old Citation, dont recall what the ticket was but it says Kern Superior Court and the guy I spoke with said they were recently audited so they are clening house on old tickets...isnt there a statute of limitation? its been 23 years. I can go into more detail if need be but all I know is this went right to my boss, if I really owe this...which I suspect I might cause my past was not good, but married now 15 years clean and sober and law abiding citizen. Do I just pay it and not bother with the hassle of fighting it or do I fight it??? its $720.00 total in California :?: :?
    Shelster

  2. #2
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    Apr 2006
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    CALIFORNIA
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    Default

    Check out Code of Civil Procedure Section 335 through 349.4

    but I think the one of interest that you're talking about is

    337.5. Within 10 years:
    1. An action upon any bonds or coupons issued by the State of California.
    2. An action upon any general obligation bonds or coupons, not secured in whole or in part by a lien on real property, issued by any county, city and county, municipal corporation, district (including school districts), or other political subdivision of the State of California.
    3. An action upon a judgment or decree of any court of the United States or of any state within the United States.

    Hope this helps.

  3. #3
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    Apr 2006
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    California
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    Default

    Does this Civil Procedure apply for county courts, and is it possible to still challenge them if its already in collections with State of California???? Or do I have to make a seperate lawsuit??? I'm a newby with these things, How should I proceed? :roll:

  4. #4
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    California
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    Default

    Also Thank you for all your help Keydo!!!!

  5. #5
    Join Date
    Apr 2006
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    CALIFORNIA
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    Default

    More details would be helpful, but I don't know why the Franchise Tax board is involved. I would think it would go to a collection agency.

    The statute of limitations (SOL) for a delinquent debt is the time limit for the creditor to file a lawsuit. This period starts when the debtor becomes delinquent. The fact that the SOL has "run" (expired) on a particular debt will not necessarily prevent a lawsuit from being filed (via a Summons And Complaint), but the defendant can have the suit dismissed on this basis.

    The Statute Of Limitations (SOL) only covers lawsuits, and SOL expiration does not affect other types of collection action or reporting of the account to credit bureaus. The creditor or collection agency may theoretically continue with letters and telephone calls forever (although third-party collectors are subject to the "cease and desist" provision of the Fair Debt Collection Practices Act.) However, they will generally put much less effort into collecting "Out-Of-Statute" debts, and may give up easily. Out-Of-Statute debts can still be reported to credit bureaus for the time limits specified in the Fair Credit Reporting Act.

    Credit cards are generally considered Open Accounts. Auto loans and other installment agreements are Written Contracts.

    For California, this is the time limit you have to file your lawsuit.
    Oral Agreements = 2 years
    Written Contracts = 4 years
    Promissory Notes = 4 years
    Open Accounts = 4 years

    After a creditor wins a lawsuit against a debtor and is awarded a judgment by the court, there is a time limit for collecting that judgment. However, many states allow judgments to be renewed one or more times, which could substantially extend the enforceability of a judgment, if the creditor is vigilant about the renewals. This can potentially result in a permanent legal obligation until it is paid.

    If there has already been a lawsuit resulting in a judgment, in California, this is the time limit you have to collect that debt.

    Statue of Limitations = 10 years
    Maximum Interest Rate = 10%

    Judgments are enforceable for 10 years and are renewable for another 10 years and then renewable after that. Once a judgment's been renewed, it can't be renewed again until 5 years later. When the judgment is renewed, the interest that has accrued will be added to the principal amount owing. From that point on you're entitled (or responsible) to interest on the accrued interest.

    See Code of Civil Procedures Sections 683.010 to 683.220.

    So, if you were to fight it, I'd check to see if all the proper procedures were followed to extend the debt collection.

  6. #6
    Join Date
    Apr 2006
    Location
    California
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    Default

    Just to give yo a little more detail...they were 4 seperate traffic citations, speeding, etc. totaling $720.00... I was told The court was audited and citations totaling 6.2 million owed, so they are cleaning house, and the notification process is questionable, they send your warning to old address, my guess is so they can send it immediately into collections, next thing I know I'm called by my boss and he says he's going to have to attach my wages, he's nice and all its just embarassing to say the least...They said their is no statute of limitations on traffic tickets??? And I dont understand why this didnt go to collections either, instead Staes involved, go figure, maybe States broke and cut a deal with County courts...who knows...Thanks for all your help, I almost feel there is a lawsuit in there somewhere, but I'm not a pro
    Mahalo and Aloha... Just got back from Hawaii :wink:

  7. #7
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    Apr 2006
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    CALIFORNIA
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    Default

    After doing some digging, it doesn't look good.

    First of all, in California, there is no statute of limitations for Failure to Pay or Failure to Appear.

    Resolving a traffic ticket in court is handled differently than resolving a civil lawsuit (which is the stuff I provided before) because most traffic tickets are handled as criminal matters. The sentence in a criminal case can result in an order to pay a fine, a sentence of probation, or time in a jail. The sentence imposed in a criminal case is an obligation that a person has towards the "state" for violation of law; that is, it is a punishment for the act that was committed. The "state" could be a local township, municipality, city, county, state, or the federal government.

    A civil matter typically results in an order awarding a money judgment to be paid by one party of a lawsuit to the other. The judgment is imposed to make the victim "whole" for the harm caused by the offender. A judgment in a civil matter does not include the imposition of a criminal sentence.

    The major difference is that in a criminal matter, a person who has violated a law can be ordered to forfeit his/her personal freedom since s/he has, in effect, caused a harm to the "state." The "payment" to the "state" is ordered as punishment for an act that the offender done.

    What does this mean to you?

    It means there's not much of an avenue to fight this one.

    Also, check this site. Similar situation as yours.

    http://experts.about.com/q/Misc-Lega...imitations.htm


    Sorry. Good luck.

  8. #8
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    Apr 2006
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    California
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    Default

    8) Thanks very much for your time Have a good Weekend

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