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  #1  
Old 04-27-2005, 03:11 PM
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Join Date: Apr 2005
Posts: 6

SOL questions for California


What is the name of your state? Ca

What is the statute of limitations in California (on a contract debt) ? And, regarding debt collection, what does it mean when it expires? Is wage garnishment legal in Ca on debt collection?

Thank you.
  #2  
Old 04-27-2005, 04:55 PM
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Join Date: Jan 2005
Posts: 2,336
California SOL is 4 years. The time begins to run from the date of first default.

If the SOL expires then the debtor may raise the fact that the debt is time-barred in any lawsuit to collect the debt.

I am not positive, but I believe California actually forbids the collection of time-barred debts. Some else will chime in on this.

Wages may be garnished in California.
  #3  
Old 04-27-2005, 06:20 PM
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Location: Nashville,TN
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CA forbids SUING for out-of-statute debts. They can keep trying to COLLECT until hell freezes over.
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  #4  
Old 04-28-2005, 12:41 AM
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So does making a payment on a CC once the SOL 4 yr ticker has begun, restart the clock? From what I understand from my last post is that it doesn't once the card has been charged-off or closed. Am I right?

Thanks

X
  #5  
Old 04-28-2005, 06:40 AM
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NO. That is exactly what one of my posts in the other thread said, once the SOL has run, a payment does NOT restart the clock !
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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