Credit card collection

[tashelahela]

Yes i was wondering if there was a statute of limitaions on a credit card debt for the state of california, I am being sued for collection of a credit card debt that is well over 10 yrs old i do believe, What are my chances?
thanks Tashelahela

 

[seniorjudge]

Did you plead the SOL as an affirmative defense?

 

[tashelahela]

No i have not pleaded to anything yet, I just recieved the summons over the weekend, So i guess my first best is to Maybe call them on the phone and try work out some sort of solution, I do not want it to go to court so i would be willing to settle on the original amout less all the fee's if possible, But i was under the impression that there was a statute here in the state of California, Maybe not?
Thanks Tashelahela

 

[NashG]

Thanks for the information.

 

[Munchieman]

SOL is 4 years

Hello,
From what I can tell, the statute of limitations in California is 4 years for Open Accounts.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=335-349.4

That SOL begins on the date of last payment, or last use. See Section 343 and 344 at the link above.
See also:

http://www.bankrate.com/brm/news/bankruptcy/20050927a1.asp
I haven't made 5 posts yet, so the system won't let me post links.
Hope this helps!
Brian