Does California statutute of limitations of 4 years for debt collection apply to complaint filing date or CMC?

Does California statutute of limitations of 4 years for debt collection apply to complaint filing date or CMC





Actual expiration of 4 years according to statement by the debt collector is Febrary 27, 2009 and Case Management Conference (CMC) is scheduled for March 30, 2009. Is the statute expiration a valid defense at the CMC or is the complaint filing date is what matters?





Thank you very much.|||The formula used by most states regarding their SOL is as follows:


Take the date you last made a payment and add 6 months to this date.


Add the number of years of the statute of limitations in your state.


example: You last made a payment on Jan 15, 2001. The statute of limitations for credit cards (usually regarded as open accounts) in your state is 4 years.


The date at which you are "safe" from having a creditor sue you over this debt is:


Jan 15, 2001 + 6 months = July 15, 2001.


4 Years + July 15, 2001 = July 15, 2005


Therefore, a creditor cannot sue you for this debt after July 15, 2007.





You must know that if you at anytime communicated or affirmed the debt, then the SOL was reset. In most states if you leave the clock stops until you return.





Now California has some strange statutes regarding credit so you might want to check them out at the following web site.





http://www.leginfo.ca.gov/calaw.html





Hope this is of some help


NOTE: This communication is not intended as and should not be interpreted as legal advice but is intended solely as a general discussion of legal principles or definitions of the FDCPA and FCRA. Always consult an attorney if needed.