The statue of limitations in CA is 4 years for credit card debt ... I'm trying to find out if it is legal to sue in the state after the four years is up? I know other states allow this but I can't find anything whether California allows it?
2007-01-03 05:55:24 · 1 answers · asked by Butterfly B 1 in Politics & Government ➔ Law & Ethics
I just want to add that I'm not being sued at the moment. I'm curious about the time-barred thing because I've seen a lot of people ask it but there's never a definitive answer concerning California.
2007-01-03 06:12:10 · update #1
In most states, the lawsuit can be filed... however, whether it will succeed is a different matter altogether. Depending on the situation, even the act of filing it could be held as a frivelous claim and result in sanctions to the attorney who filed it.
Statute of Limitation and/or being barred by time is an affirmative defense. This means that its an answer to the lawsuit, and generally, its an absolute defense. The proper procedure would be to file an answer (or have an attorney file an answer) and then raise the defense of the statute of limitations. After filing an answer, then file a motion to dismiss based on that.
Sounds like you need to consult with an attorney licensed to practice in California. For a referral, contact your local or california bar association.
2007-01-03 06:01:38 · answer #1 · answered by Phil R 5 · 1⤊ 0⤋