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Statute of limitations for debt in California.

New Member

Statute of limitations for debt in California.

 
Message 1 of 8
7 REPLIES
Established Contributor

Re: Statute of limitations for debt in California.

Yes???
Message 2 of 8
Regular Contributor

Re: Statute of limitations for debt in California.

SOL in CA
 
Oral    2 years
 
Written, Promissory, Open Ended Accounts ~ 4 years
 
 
If that's the info you were looking for Smiley Wink
911 Operators....America's Lifeline!
Message 3 of 8
New Member

Re: Statute of limitations for debt in California.

Sorry for the blank post. I have been receiving calls and letter from ER Solutions for an account from Washington Mutual that was over-drawn and closed in the year 2000. I created the account in and currently live in California so the statute of limitations is 4 years. They had been pestering my family for a while because they didn't want to give them my info, but they recently got my contact information and started calling me. I told them that the statute of limitations had expired and that they should stop calling me. They asked towards the end of the call if they could just should note that I refused to pay, I said "sure". Now I'm worried that by me acknowledging the debt that I restarted the clock on the SOL. From what I've read California bases the the start date of the statute of limitations as the date at which the account is last paid for and doesn't have any specific regulations regarding restarting the clock when a debt is acknowledged, in writing or verbally. Is this the true? I am aware that they can still sue but the suit would be dismissed if I bring up the SOL. I however don't have proof of the date of last payment, and currently in my credit report it is listing September 2003 as the open date. I am assuming that this is the date that the collection agency bought the debt from Washington Mutual. Basically my question is should I be worried about losing a lawsuit and just pay these bottom feeders, or wait until they sue me and bring up the SOL with not proof? From now on I will just answer the phone and say nothing but, "the statute of limitations has expired, please stop calling me".
Message 4 of 8
Moderator Emeritus

Re: Statute of limitations for debt in California.

SOL
 

 California Statutes of Limitation

Written agreements: 4 years, calculated from the date of breach.

Oral agreements: 2 years.

The statute of limitation is stopped only if the debtor makes a payment on the account after the expiration of the applicable limitations period.

NEVER TALK ON PHONE!!  If SOL is past  get address & mail letter telling them NO phone calls.

 

did they record the call?



Message Edited by HappyDays on 08-14-2007 07:24 PM

Message Edited by HappyDays on 08-14-2007 07:27 PM
Message 5 of 8
Highlighted
New Member

Re: Statute of limitations for debt in California.

Yeah they recorded the call, its only for $322 so I don't think they will try to take it too far. I will just stop picking up their calls for now unless they file a suit. At which point I'll just show up in court and see if they can provide proof that I made a payment since 2000.
Message 6 of 8
Moderator Emeritus

Re: Statute of limitations for debt in California.



hotarri wrote:
Yeah they recorded the call, its only for $322 so I don't think they will try to take it too far. I will just stop picking up their calls for now unless they file a suit. At which point I'll just show up in court and see if they can provide proof that I made a payment since 2000.

Hi Hotarri! Try this link, bankrate has not updated their info for some time.
 
Message 7 of 8
New Member

Re: Statute of limitations for debt in California.

So since California has no repercussions for any thing besides actually making a payment I can tell them what ever I want to?
Message 8 of 8