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  1. #1
    Join Date
    Jun 2014
    Posts
    4

    Default What Happens if the Statute of Limitations Expires Shortly Before a Case is Filed

    My question involves collection proceedings in the State of: CALIFORNIA


    I lived in California and I just received a summon by mail. The date filed in court was MAY 28th 2014 (05/28/2014). My last payment date was MAY 17th 2010 (05/28/2014-over 4 years now). Can I use this as a valid defense and tell the judge that SOL (4 years) has expired days before they filed it to court???? I know I have to answer the summons withing 30 days to give me more time.


    I am not contesting the debt, just fallen to hard times due to foreclosure and high mortgage payments in the past.. I also would like to settle this and get it over but I don't have the funds for a lump sum payment. Any other option you can suggest?


    I apreciate any help.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Recieved Summon for Cc Debt - Statute of Limitations Expired 11 Days After Filing

    You can try that, but the date of the last payment isn't actually when the clock starts running. It's the day you were delinquent, that is, the day the payment you didn't make after the last one is due.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Recieved Summon for Cc Debt - Statute of Limitations Expired 11 Days After Filing

    Your last payment was May 17, 2010. That's fine. But when did the account actually become delinquent? When was the first missed payment?

  4. #4
    Join Date
    Jun 2014
    Posts
    4

    Default Re: Recieved Summon for Cc Debt - Statute of Limitations Expired 11 Days After Filing

    Thanks for the quick response.
    I will check. I am unsure of the date tho and I don't have CC statement anymore. Can somebody help how to state this in my defense ? My guess is it is still between 5/17 and 5/28. I've seen some article saying the last legal transaction on the credit card which in this case is a payment received.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Recieved Summon for Cc Debt - Statute of Limitations Expired 11 Days After Filing

    No, California goes from the date the account goes into default.

    Given that you last paid in May 2010, they do appear to be legally within their rights to sue since the SOL would expire in June 2014. They filed in May, within the 4 year SOL.

  6. #6
    Join Date
    Jun 2014
    Posts
    4

    Default Re: Recieved Summon for Cc Debt - Statute of Limitations Expired 11 Days After Filing

    I see. Any chance I can say if they can verify the SOL just to give me some wiggle room? Or once I answer the summon, I should only DENY it or CONFIRM the debt?

  7. #7
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Recieved Summon for Cc Debt - Statute of Limitations Expired 11 Days After Filing

    Eh? There's no wiggle room. A suit filed within the statute of limitations by a day is within the statute of limitations. I have no idea what the last sentence is supposed to mean.

  8. #8
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Recieved Summon for Cc Debt - Statute of Limitations Expired 11 Days After Filing

    Quote Quoting johnhips
    View Post
    I see. Any chance I can say if they can verify the SOL just to give me some wiggle room?
    There is no wiggle room.

    They either filed within the SOL or didn't. From here it looks like they filed within the SOL as your default would likely have been in June 2010.

    If you believe that your default was prior to May 28 2010 then you need to raise the SOL as an affirmative defense and then you and your opponent get to argue the issue at trial and you each present your evidence.

    Quote Quoting johnhips
    View Post
    Or once I answer the summon, I should only DENY it or CONFIRM the debt?
    You can certainly deny owing the debt or owing the specific amount if you think the amount is wrong. Then you and your opponent get to argue the issue at trial and you each present your evidence.


    Before you get your dander up and decide to fight this keep in mind that credit card contracts generally allow for the loser to pay the winner's attorney fees. Right now the attorney fees are minimal. But if it goes to trial the attorney fees could end up being thousands of dollars added to your judgment.

    If you owe the money, I suggest you find some money. Paying even part of the debt might get the plaintiff to delay the lawsuit and give you time to pay the balance.

    Remember this: Talking about paying is not paying. Paying is paying.

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