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hello !!
My husband just recieved a phone call saying that credit one bank is sueing him. I dont know what to do or where to start. the account was opened in 06 and that when the first late happened. how does the sol work for ca? is this account pass the sol?
I believe, if memory serves me, that the CA statute of limitations on CC debt is 4 years, with a provision for reset based on payments made after the SOL began.
Check out the CA civil code for statute of limitations on debt to be sure.
It is your obligation in court to assert an SOL defense, and to offer proof of its expiration.
The date of commencement of running of SOL is usually the date of first cause of action, which is usually the same as your DOFD. You must show the date that SOL began to run, and use the relevant period of its running based on the type of debt. CCs are open accounts.
If the court accepts your proof of expiration of the state SOL, then you have presented an absolute defense against the action, and you will be granted judgment.