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  1. #1
    Join Date
    Apr 2009
    Posts
    2

    Default Filing Date, Court Date, and Statute of Limitations

    My question involves collection proceedings in the State of: CA

    I got home yesterday to some court documents (I think it was a summons, not a subpoena, sorry for the mistake in title) that were served to a family member in lieu of myself (I was not at the residence at the time). A collection agency is trying to recover a debt that was owed to a major credit card company. I was trying to wait out the S.o.L period which seems to be 4 years in california for credit card debt. The date on the paperwork I got yesterday says 3/27/09 even though it was given to me on 4/13/09 (that probably doesnt matter, just giving as much detail as I can think of).

    I have a credit report I ran last year that says the date of last payment was 05/2005. Seems to me like they beat the S.o.L. by about a month if it goes from the file date instead of the actual court date, but I am praying that is incorrect and it will be calculated on the date I see them in court. If anyone can let me know whether they managed to be johnny on the spot and file it just in time or whether I might be able to use S.o.L. as a defense I would greatly appreciate it.

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