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  1. #1
    Join Date
    Oct 2010
    Posts
    1

    Unhappy How to Confirm when the Statute of Limitations Starts in California

    My question involves collection proceedings in the State of: CA

    Hello. I am in so much debt that I feel so hopeless.

    My wage is being garnished as we speak for one card and they will not negotiate. I had no warning whatsoever from this agency. I remember getting some judgement but they never sent out settlement letters like the other one. I understand that they're not obligated to do that, but is there something that I can do to appeal and stop the wage garnishment from this agency? I researched a little and one can appeal, but it's not like I'm starving to death. My basic needs are met at the bare minimum so I don't think I can use that route. If anyone have any suggestions I'd really really appreciate them.

    I have about 5 more oustanding debts that have not gone through judgements and I looked at my credit report for the deliquent dates (~Mar 2006) and wondering if the SOL's for those have run out so that potentially I can use the SOL defense if they keep calling me or even sue me? Thank you for any advise anyone can give me! I'm desperate for legal help.

    Thank you!

    Thanks so much!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How to Confirm when the Statute of Limitations Starts in California

    have you considered bankruptcy?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Confirm when the Statute of Limitations Starts in California

    For contract-based debts for which more than four years have passed since the creditor's cause of action accrued, absent any facts that would toll the limitations period or any payments or other actions that would create a novation, I would expect that the statute of limitations has run.

    In terms of a judgment debt, the best ways to prevent garnishment are likely to attempt to negotiate and stick to a payment plan, to pay off the judgment, or as previously suggested to declare bankruptcy.

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