Can i be sued for a delinquent debt over 4 years oldin califoirnia?

Question

I just received a summons and it states that i am being sued for $1620 for a debt which is older than 4 years, according to the statutes of limitations in california after 4 years it should be removed right or can they still sue me and if so how can i present my case to the judge or can i write a letter to have it dismissed under this law???

Answer 1

You need to answer within the time allowed or they will automatically get a default judgment.

Depending on the type of debt, you may be out of the collecting SOL if they filed after the debt was 4 years old.
Unless it is a government type debt or student loans etc.

The collecting SOL for both open and written accounts is 4 years.

If it is a regular type account, credit card, bank loan, etc. include in your answer an - affirmative defense of SOL.
And, file a counter claim for them filing on a time barred debt. (they could be liable for up to $1000 for that violation)

Order your credit reports and look them over for "any and every" violation - if there are any, include them in your counter claims. (it's not unusual for someone to have more money coming to them in counter claims than the collection agency has in the original debt)
Also check every bit of paper, for violations, that they had sent to you.

You would probably be better off if you could find a lawyer that is well versed in the FCRA laws and the FDCPA if you are dealing with a collection agency.

If you can't afford a lawyer, find one that will give you a free first consult and take "all" of your paper work with you.
The lawyer may take it on contingency if you have enough in counter claims.
If the lawyer does take it on contingency, be sure that he/she makes a request to the judge that the Plaintiff pays his/her fees if you should win.

If you can't find a lawyer that will take it on contingency, check with Legal Aid, they can probably help you write up your answer and the counter claims.

If you do it yourself, you will need to know the rules of civil procedure (RCP) for your state. You will have to use them as a guideline when filing your answer.


To look up any violations they may have on your credit report, or any other violations that they may have committed if the are a collection agency, click on my profile and do some reading in the links I have listed to the FDCPA and FCRA.

You might go to the last link I have listed and do some reading or ask any questions you may have

Answer 2

They can still sue you. Typically who ever you owed the money to sells it to a collector so the debt is "reopened." Check the new bankruptcy laws. You need to pay up or at least start making payments on it.

Answer 3

sounds like they are trying some last ditch effort to get some noney out of you. if you hear the word settlement anywhere ignore it. your credit is already f'd up anyways, why pay them anything.