cach llc trying to sue me

[jenjen333]

Jurisdiction

California

just a quick question whats the stautes of limitations in california on credit card debt, i stopped making payments in late 2012, they wrote it off in 2013, and just now in 2020 i get some noitice
(request for entry of default) it has not been recorded at the recorders office, with a letter from some attorney saying there still time to contact them and set up a payment plan or they will probably put a judgement against me, i think its way past to long ago. Am i right just need to know how many years is it in california?

thanks so much for any help
jennifer

 

[army judge]

Am i right just need to know how many years is it in california?

California has a statute of limitations of four years for all debts except those made with oral contracts. For oral contracts, the statute of limitations is two years.

This means that for unsecured common debts like credit card debt, lenders cannot attempt to collect debts that are more than four years past due.

The statute of limitations clock starts ticking when a cause of action "accrues." This usually means when you "breach," or break, the contract by not doing something you agreed to do, such as missing a payment.

In California, the statute of limitations may start running on any one of these three events:

1 = the due date of your missed payment (this is the most likely starting date)
2 = the date of your last purchase, or
3 = the date of your last payment.

In most cases, the statute of limitations calculation starts when your first missed payment becomes due. In some cases, however (the details of which are beyond the scope of this article), the statute begins running on either the date of your last purchase or when you made your last payment. Since these dates often occur close together, in most cases, it doesn't make a difference. If, however, using one of these dates causes the statute of limitations to expire before your credit card company filed its lawsuit, it may be worthwhile to contact legal counsel to see if that start date applies to your situation.

With credit card contracts, it is normal to make periodic payments. Because of this, you have to be careful that you don't reset the statute of limitations period without meaning to do so.

You make a payment after not paying for a period of time. Once you stop paying, the statute of limitations begins running. If, however, you make a payment down-the-road, the statute of limitations resets to zero.

No reset if your credit is revoked. The "reset" rule only applies if you still have a usable account. Once your credit card company closes your account, if you make a payment, the statute of limitations does not restart.

What Is the Statute of Limitations on Credit Card Debt in California?

 

[zddoodah]

whats the stautes of limitations in california on credit card debt

Four years from the date of breach.

just now in 2020 i get some noitice
(request for entry of default) it has not been recorded at the recorders office

A request for entry of default ("RFD") would never be recorded at the recorder's office. If you've been served with an RFD, it means you've been sued. The court name and case number should appear on the RFD. If the plaintiff is seeking default, it means the plaintiff believes you were served with the summons and complaint. It sounds like you did not actually receive a summons and complaint. If that's the case, you need to contact the court clerk ASAP and obtain copies of all documents relating to the lawsuit. Depending on the county where the case was filed, you might be able to do this online.

i think its way past to long ago. Am i right

While you're right, the statute of limitations is an affirmative defense. That means you need to respond to the complaint and allege the statute of limitations as a defense.

The most important thing here is that you do not delay. If you delay, you're likely to have a judgment entered against you, and that will be more difficult and expensive to get out of. It may be a good idea to retain the services of an attorney.

 

[mightymoose]

lenders cannot attempt to collect debts that are more than four years past due.

Yes collection attempts may continue for a very long time, they just can't successfully obtain a judgment if the SOL is raised.