I need the actual statute numbers for the California Statute Of Limitions for Debt?

Question

In this case it pertains to an oral loan agreement from approximately 6 years ago... nothing in writing- I need to make payment but I believe the right to sue in court is past.

Answer 1

I have posted a link where you can look this up.



http://www.bcsalliance.com/index.html

Answer 2

There is no California Statue of Limitations for Debt, there is a statute of limitations for contracts with that for written contracts being 4 years and oral contracts being 2 years. But then also there can be a "tolling" where the statute was delayed say by defendant's bankruptcy (the "automatic stay" in bankruptcy ordinarily tolls the statute of limitations until such time as the bankruptcy is resolved or the stay is lifted). Essentially, if you owe or are owed the statue would have begun the day you were supposed to pay or get paid. You might also want to look at a statue of repose.

Answer 3

Not sure if you are looking for something specific. But below is the link that will give you the acutal statute of limitations from the State of California Code of Civil Procedure.

Answer 4

I don't know what type of account, what type of company (creditor, collector, etc), you are dealing with or if you are dealing with a lawsuit.

Open Acct.: No writing
Oral Contract;

§ 339.
Within two years:
1. An action upon a contract, obligation or liability not founded upon an instrument of writing, except as provided in Section 2725 of the Commercial Code or subdivision 2 of Section 337 of this code;



Open Acct.: Reduced to writing-
Written Contract: §337

§337.
Within four years:
1. An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a of this code;
2. An action to recover
(1) upon a book account whether consisting of one or more entries;
(2) upon an account stated based upon an account in writing, but the acknowledgment of the account stated need not be in writing;
(3) a balance due upon a mutual, open and current account, the items of which are in writing; provided, however, that where an account stated is based upon an account of one item, the time shall begin to run from the date of said item, and where an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item.


California Penal Code (for use in SOL letters, etc.)
PENAL CODE SECTION 518-527
(the codes are extremely lengthy so I just listed the code sections, use all of the codes starting from 518 through 527.
Either just reference the code numbers or you could list the entire verbage of the codes)

California also has their own version of the FDCPA.

You can use Google or another search engine to find Ca. Penal Codes and Ca. FDCPA. Or you might click on my profile and click on the last link listed to the credit discussion board to find the credit laws in your state being discussed, links to them and also case law covering those statutes, should you need it.

edit++

Okay, it's a 6 year old unwritten loan that you want to pay.

The collecting SOL has passed but depending on who you are dealing with they could try to sue even though it is illegal.
You could legally send them a SOL letter before they attempt to file, which should stop them from filing an illegal suit. (and work in your favor if they are stupid enough to file after receiving it)
If they do file it would be up to you to claim an affirmative defense of SOL and request dismissal.

But since you say that you are planning on paying and if the account has been charged off (or in Ca. terms, the book has been closed) then any payment you make "will not" reset the collecting SOL. (if the book is still open then any payment "will" reset the SOL)

"However, if the obligation sued upon constitutes an open book account, the statute of limitations begins to run from the date of the last entry on the account. Code of Civil Procedure § 337(2). But an open book account becomes closed, and the statute of limitations begins to run, once the account creditor ceases to extend credit on the account and there is no further activity on the account other than payment being made. RNC, Inc. v. Tsegeletos (1991) 231 Cal.App.3d 967, 972."

another edit+++
If you are paying this only because they are reporting the account and it is hurting your chances of being approved for a loan - or other reasons - you should request, in writing, complete deletion from your reports upon payment.

one last edit, I swear, lol ++

I don't know if you are dealing with the original creditor or a collector. Keep in mind that the California FDCPA (not the FTC FDCPA) includes original creditors under those laws.

Answer 5

Statue of Limitations in CA: credit cards (open agreements) is four years. This can unfortunately be re-set by having made recent payments.