statute of limitations on 7 year old suit

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paultime

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Is there a statute of limitations for a suit for unpaid back rent in So. Cal? It has been seven years and i just now have received notice of intent to collect funds when I was leasing a home and was out of work. Also, they are trying to do this without me ever having a court appointed date..or actual knowledge of this suit.
 
If there has been no court date or suit, ignore them. I have not looked it up yet but I'm pretty sure that 7 years is past the SOL. What exactly did you receive? Collection companies send out letters hoping to scare people and many get scared and pay. Ignore them unless they have a judgment.
 
I received a letter from the management companies attorney. They gave me a court # but, when I looked it up on line they have no match for the filing on any level...not unlawful retainer , civil suit, judgement or otherwise..I am going to the courthouse and find out what this is exactly all about...they already tried to attach my bank account..so, I don't need the aggravation .
 
I don't quite know....it was a weird experience in that we leased the home for almost 7 years..I had to ask the agent to let me break the lease because I could no longer afford it.When we moved we had an unlawful detainer served but, never had anything else because we moved...after almost seven years have gone by and they show up asking for these funds...and I never had or went to court...no date ..no anything...no process server???It has me baffled but, I said that I am going to the main court and try to find out about the case number even though it does'nt show up on any of their match sites...Thanks for taking this time...I still feel that the statute has run its course . I'll have to check on this...
 
I found out more info on this case. It was filed before we moved but, we were never given a court date for the unlawful detainer..because we moved!They have since had it dismissed twice and keep bringing it up.The original case number is still attached to this unlawful detainer. Has the statute run out on this suit? It has been almost 7 years now.
 
paultime said:
I found out more info on this case. It was filed before we moved but, we were never given a court date for the unlawful detainer..because we moved!They have since had it dismissed twice and keep bringing it up.The original case number is still attached to this unlawful detainer. Has the statute run out on this suit? It has been almost 7 years now.
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California's SOL on all debts is 4 years!

You should speak with an attorney about these scavengers trying to attach your assets.

There are harsh penalties for crooks that engage in this type of behavior.

I am sure there are many lawyers that would work with to stop these bums from harassing you, and make them pay you!!!!



Are you being hounded by a debt collector for an old debt you thought was written off years ago? If so, it is likely you are being contacted by a scavenger debt collector, which is a company that purchases older, mostly uncollectible debt for a tiny fraction of its value. Scavenger debt collectors are notorious for using illegal and unethical methods to collect "time-barred" debt.

You do not have to pay debt that is considered too old by your state. Every state has laws governing the time in which a person or entity can file suit to collect a debt. Generally, a creditor or debt collector gives up his right to file suit to collect a debt after a period of six years from the time the debt was written off (or the date of last activity on your credit report), but various states allow anywhere from 2 to 15 years to collect delinquent debt (see statutes of limitation table below).

The purpose of these statutes of limitation is to bring some measure of fairness to the debtor so that he / she (1) will not have to worry about being sued for the rest of their lives; and (2) so that the debtor can properly defend himself with fresh evidence and witnesses, if any.

This doesn't mean that a creditor cannot file suit against you after the statute of limitations has expired; however, if a creditor or debt collector does file suit, you can ask the judge to dismiss the suit on the grounds that the statute of limitations has expired. In fact, if the statute of limitations is about to run on debt you owe, don't be surprised if you suddenly hear from a collection agency threatening to sue if you don't pay immediately.

If a debt collector contacts you regarding an old debt, do not admit that you owe the debt and do not agree to make any payments. Simply tell them that the "statute of limitations has run on this debt and do not contact me again". If they continue contacting you, send them a certified letter, return receipt requested, telling them not to contact you about the debt again. Remember -- DO NOT ADMIT THAT YOU OWE THE DEBT, DO NOT AGREE TO PAY THE DEBT, AND DO NOT AGREE TO SEND ANY MONEY TO THEM. If you do, then the statute of limitations might start running all over again, giving them the legal right to sue you.
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http://www.bcsalliance.com/y_debt_sol.html
 
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