Statue of limitations California

[CreditHealthy]

Good evening, I'm sorry if this is not the right section of the forum to post this question but, i tried to look this up on line and became a little confused. Can a collection agency sue you in court if the statue has reached the limitations? January of last year, I was served a summons to answer within 20-30 days, well I did just that, and never heard from them again until today, one year and a half later a law firm claiming to represent the OC asking me to settle with them. I told them my lawyer will contact them. So what does my forum friends think about this one? will I or should I have to pay them? This one has me baffled! Just a little more information, this alleged account was opened in 2007 they contacted me for the first time in Jan of 2013,never heard from them again as I said until today. I live in the state of California, and I really have contacted an attorney, I had to leave a message because it was after hours, probably won't be able to actually speak to someone until Monday.

[gdale6]

---

@CreditHealthy wrote:

Good evening, I'm sorry if this is not the right section of the forum to post this question but, i tried to look this up on line and became a little confused. Can a collection agency sue you in court if the statue has reached the limitations? January of last year, I was served a summons to answer within 20-30 days, well I did just that, and never heard from them again until today, one year and a half later a law firm claiming to represent the OC asking me to settle with them. I told them my lawyer will contact them. So what does my forum friends think about this one? will I or should I have to pay them? This one has me baffled! Just a little more information, this alleged account was opened in 2007 they contacted me for the first time in Jan of 2013,never heard from them again as I said until today. I live in the state of California, and I really have contacted an attorney, I had to leave a message because it was after hours, probably won't be able to actually speak to someone until Monday.

---

STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: Reduced to writing-4

Open Acct.: No writing-2

Written Contract: 4

If you were sued after the SOL passed, you need to assert the SOL as your defense and ask the court to dismiss the suit, you can do this as long as it hasnt gone to judgment. The SOL starts ticking from the DoFD that led to the CO.

[CreditHealthy]

Thanks gdale6

[lazerz69]

Can a collection agency sue you in court if the statue has reached the limitations? - Yes

     The statute of limitation is a defense you assert at the time you file your answer to the complaint.

I was served a summons to answer within 20-30 days, well I did just that - What do you mean by this.

     In California you have 30 days to respond to the complaint.  A response ususlly consists of an answer to the complaint.  If you answered the complaint, then you would have been notified of all future court dates.  You would have also been notified if the CA suing you sought to set aside your answer.

     You need to clarify what you mean by "well I did just that"

You also need to be more specific about what the law firm is asking or seeking.

Finally, you need to call, IMMEDIATELY, the court to see if a default judgment was entered against you.

[CreditHealthy]

Sorry for not being more specific about my case. What i meant to say was I ANSWERED the summons in a timely manner and NEVER heard from the CA again until now. I then Called the court house IMMEDIATELY and there has been NO judgement against me. What type of company serves someone a summons and disappear? Thanks for the responses.