statue of limitation on credit card debt in california

by Cornel
(La habra, ca, us)

I have a credit card debt that was declared delinquent about 8yrs ago. One year ago the collecting company threaten me with a law suit and send me a summons saying that I been sued by Midland Funding LLC. I made the mistake and give in to the pressure and I send them two payments of $100 each. After the two payments I stopped sending any more. Recently thy send me another summons which was filed at superior court of California County of Orange.

The statue of limitation in California it is 4 yrs but I made the mistake of sending the payments. What can you tell me about all this? What chance do I have? What should I do? What can be done?

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Feb 17, 2011
Statute of limitations on credit card debt in CA

Thanks for getting in touch. You are correct that the statute of limitations (SOL) on credit card debt is 4 years in CA and once that period of time has expired you can no longer be sued for the debt. Unfortunately however, by admitting that you owed the money you were contacted about after the SOL on that debt had expired, you reset the SOL. So now, the four years period has started all over again, which is why you've been sued for the money you owe.

My best advice at this point is to schedule an appointment right away with a consumer law attorney who helps consumers resolve debt collection problems. It may be that the attorney will find some flaw or error on Midland Funding's part related to your case that could be used to give you some leverage over the company. Also, it's very important that you show up in court on the day indicated in the Summons. Otherwise, you'll have no opportunity to defend yourself and Midland will win a default judgment against you. The attorney you meet with can help you figure out the best way to deal with the lawsuit.

I recommend that you consider scheduling an appointment with Robert Brennan in CA, He is an excellent attorney and co-authored the CA version of our ebook Debt Collection Answers.

Best of luck!

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