Can SOL be extended?

What is the name of your state? CA

A collection company sued me for the credit card debit (Discovery Card). Since I don’t know how to answer the complaint I went to see the lawyer, a friend of my sister, for help. My last payment was made in summer of 1997. According to him, the SOL for the credit card is not exactly 4 years and can be extended. And he told me to prepare for paying the charges. Is he right? I can’t pay $13,736 plus the attorney fees. I never left the California for that time period. Can they extend the SOL? What are the chances that I will pay the charges?

Please help…

[I AM ALWAYS LIABLE]

Originally Posted by sn0827

What is the name of your state? CA

A collection company sued me for the credit card debit (Discovery Card). Since I don’t know how to answer the complaint I went to see the lawyer, a friend of my sister, for help. My last payment was made in summer of 1997. According to him, the SOL for the credit card is not exactly 4 years and can be extended. And he told me to prepare for paying the charges. Is he right? I can’t pay $13,736 plus the attorney fees. I never left the California for that time period. Can they extend the SOL? What are the chances that I will pay the charges?

Please help…

My response:

A creditor cannot extend the Limitations period unilaterally. Debtors may agree in writing to waive the statute of limitations applicable to a claim against them (e.g., as part of a guaranty agreement). Waivers signed before expiration of the limitations period may extend the time for filing suit for up to four years from the date of expiration of the limitations period. Waivers executed after the limitations period has run may extend the filing period for up to four years from the date the waiver was signed. (But waivers may be successively renewed for further four-year periods.) [See Ca Civ Pro § 360.5; California First Bank v. Braden (1989) 216 Cal.App.3d 672, 676, 264 Cal.Rptr. 820, 822]

Also, keep in mind the statute of limitations may be tolled if the debtor is absent from the state or in the military, or has filed for bankruptcy (applicable only if creditor's claim not discharged). [See Ca Civ Pro § 351 (debtors absent from state); Ca Civ Pro § 356 (actions stayed by injunction or statutory prohibition); 50 USCA App. § 526 (debtors in military; 11 USCA § 108(c) (debtors in bankruptcy); Kertesz v. Ostrovsky (2004) 115 Cal.App.4th 369, 377-378, 8 Cal.Rptr.3d 907, 914--creditors' commencement of new action on unpaid judgment was tolled by debtor's bankruptcy proceedings and resulting automatic stay; Schumacher v. Worcester (1997) 55 Cal.App.4th 376, 379-380, 64 Cal.Rptr.2d 1, 3-4--automatic stay imposed upon landowner's bankruptcy filing extended limitations period for bondholder's foreclosure action by length of time stay in effect.

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