Statute of Repose compared to SOL

[bacon]

What is the name of your state? California.

I've read on here that California has a Statute of Repose that matches the SOL which is 4 years.

I've researched quite a bit on the internet as to what a Statute of Repose is but mostly I find references to manufactured goods and medical or construction issues, but nothing really of the ramifications of the SOR on debt issues. A few posts on here have made minor mention of it but nothing really explaining what it is.

Can any body explain the California Statute of Repose in this regards?

TIA.

[tranquility]

I'm not going to look things up and describe the statutes, but the general difference gets to knowledge. A statute of limitations starts to run when a person knows or should have known of the damage or event. A statute of repose gets to more latent defects and the action by the defendant, even if an injury has not yet occurred.

If the building falls down, you have so long to file suit under the statute of limitations. Once you get the building built, you have so long for an injury to happen if you want to go after the builder. In other words you can't sue the builder for design defects 20 years (or, however long the statute says) after the building was built even if the suit was within the SOL at the time it fell down.

I don't thing a statute of repose would be related to debt at all.

[bacon]

Originally Posted by tranquility

I'm not going to look things up and describe the statutes, but the general difference gets to knowledge. A statute of limitations starts to run when a person knows or should have known of the damage or event. A statute of repose gets to more latent defects and the action by the defendant, even if an injury has not yet occurred.

If the building falls down, you have so long to file suit under the statute of limitations. Once you get the building built, you have so long for an injury to happen if you want to go after the builder. In other words you can't sue the builder for design defects 20 years (or, however long the statute says) after the building was built even if the suit was within the SOL at the time it fell down.

I don't thing a statute of repose would be related to debt at all.

right... that's why I mentioned I was able to find information regarding the Statute of Repose in regards to construction, medical and manufactured goods, which is what you in turn described. (appreciate the effort btw)

BUT I have read it mentioned on here and elsewhere in regards to LENDING and DEBT in the state of California....

this is what I am trying to find information on. how this statute relates to this particular area. trying to compare how it works in construction and those other areas to lending and debt collection only makes me

I just don't get it, can't find any viable information searching online, (which seems strange) and was hoping somebody with this knowledge would enlighten a bit.

[Betty]

Statute of Repose: A legislative enactment that bars a claim against a party unless the claim is brought within a specified period of time following some event described in the statute, regardless of whether or not the statute of limitations period for that claim has expired. I think tranquility gave a very good example.

[bacon]

Originally Posted by Betty

Statute of Repose: A legislative enactment that bars a claim against a party unless the claim is brought within a specified period of time following some event described in the statute, regardless of whether or not the statute of limitations period for that claim has expired. I think tranquility gave a very good example.

I think she did also... for construction. which is all over the internet. along with health/medical issues and manufactured goods.

VERY minimal irt to lending and debt.

yet it has been mentioned in passing a couple times here and elsewhere. (searched on sor and repose in the credit forums)

I''ve found "a couple" mentions on the entire internet.. and what minute mentions I did read makes me want to know more about it and why the knowledge in this area isn't more widespread.

isn't anyone but myself curious exactly how this California Statute of Repose relates to lending and debt collection? or have pertinent knowledge of and on the particulars of this statute?

[tranquility]

The problem with what you ask is that you want an explanation of the law. This is sometimes done in books or law reviews or other long-term projects. "What are the effects of a statute of repose on debts", could be the work of an entire group for a class project.

"I borrowed some money to build a building and the building burned down when it was in escrow 10 years after the loan but before the loan was due. The interest on the loan was usurious and required me to not rent to whites. what is the effect of a statute of repose here?" would be the example you asked your attorney.

Describing the law which will apply to all the facts is a big ol' darn deal. Taking the facts and applying it to the law is something more akin to what we mere mortals do.

[bacon]

oh wait, you already did at the end of your first post. and while I appreciate your time in writing a response...

there are relatively straigtforward explanations available on Statutes of Repose in regards to construction, health/medical and manufactured goods.

I would expect there is also one regarding Californias Statute of Repose concerning lending and debt. (there are seperate statutes of repose and limitations in california concerning this area. something necessitates this. from what I gather they are not just made in redundancy)

if and when somebody with knowledge of this particular speaks up we will all know.

[bacon]

Originally Posted by tranquility

The problem with what you ask is that you want an explanation of the law. This is sometimes done in books or law reviews or other long-term projects. "What are the effects of a statute of repose on debts", could be the work of an entire group for a class project.

"I borrowed some money to build a building and the building burned down when it was in escrow 10 years after the loan but before the loan was due. The interest on the loan was usurious and required me to not rent to whites. what is the effect of a statute of repose here?" would be the example you asked your attorney.

Describing the law which will apply to all the facts is a big ol' darn deal. Taking the facts and applying it to the law is something more akin to what we mere mortals do.

btw, I think you explained how one works irt construction in a relative straighforward manner earlier.

I believe there's a good chance that if somebody knew exactly how the California Statute of Repose on debt collection worked they could state something similar.


for that matter....

there is PLENTY of information online about Statutes of Repose on all the other subjects I've mentioned... health/medical, manufactured goods, construction, and even a couple others, but only in passing do you find info on the one dealing with debt collection. plenty of examples and explanations how they relate (similar to the one mentioned) but NONE in regards to debt. I find this curious.

[Betty]

tranquility already gave some examples of statute of repose - it can be applied to various situations. I'll try one more example: Some states have statutes of repose in administration of decedent's estate, requiring actions such as will contests or claims that the estate owed money (OWED DEBTS) to creditors are barred by statutes of repose unless brought within the prescribed period under which the claimant or creditor may act.

[bacon]

Originally Posted by Betty

tranquility already gave some examples of statute of repose - it can be applied to various situations. I'll try one more example: Some states have statutes of repose in administration of decedent's estate, requiring actions such as will contests or claims that the estate owed money (OWED DEBTS) to creditors are barred by statutes of repose unless brought within the prescribed period under which the claimant or creditor may act.

Excellent, an attempt at keeping with the subject in a manner pertaining to this particular sub-forum.

interesting how many can more easily enlighten how a relevent Statute of Limitations pertains to debt collection, but it seems a bit less well known on how the relevent California Statute of Respose pertains in comparison.

yet once again... it's easily found how a SOR compares to a SOL concerning construction, health/medical, manufactured goods and some other areas, but not on how the California SOR compares/complements the SOL re debt collection.

hopefully someone with this particular knowledge will chime in and enlighten.

[bacon]

perhaps another way to approach this would be to think "how does a SOL affect debt collection".

many know the answer to this and can write a relatively staightforward explanation in this regards.

now... lets compare that to how the particular relative California SOR affects debt collection:

[tranquility]

Here you go:

--Blackmun v. Superior Court of San Joaquin County, No. C041367 (Cal.App.Dist.3 02/28/2003) Unreported

--Cortez v. Vogt, 52 Cal.App.4th 917 (1997)

--Canfield v. Jerold A. Prod, 67 Cal.App.3d 722 (1977)

--Pashley v. Pacific Electric Railway Co., 25 Cal.2d 226 (1944)

Brief the cases and then get back to the forum so *you* can tell *us* what the law is on the matter.

[bacon]

Originally Posted by tranquility

Here you go:

--Blackmun v. Superior Court of San Joaquin County, No. C041367 (Cal.App.Dist.3 02/28/2003) Unreported

--Cortez v. Vogt, 52 Cal.App.4th 917 (1997)

--Canfield v. Jerold A. Prod, 67 Cal.App.3d 722 (1977)

--Pashley v. Pacific Electric Railway Co., 25 Cal.2d 226 (1944)

Brief the cases and then get back to the forum so *you* can tell *us* what the law is on the matter.

Originally Posted by tranquility

I'm not going to look things up and describe the statutes, **

I don't thing a statute of repose would be related to debt at all.

so you are getting curious about this a bit afterall?

excellent.

[tranquility]

Having been involved with income/real property matters for decades and never having the problem come up, I'm not interested at all. I merely gave you the cites so you can learn more about how the law works. In other words, I spent a moment searching case law and scanning to make sure it is relevant as a service to you and the list.

Now, you do your part and look up the cases. Give the answer to the questions you pose to the forum as payment for the effort/skill/knowledge given you in finding relevant cases. Even if no one else is interested now, someday a person may search the archives with a relevant fact pattern and you will help them.

[Betty]

tranquility was nice enough to give you court cases. Therefore, as she requested, please post back the answers to your questions after looking up & reviewing the cases. I'm not interested either or I would have pursued more info myself. However, we are not going to do all your "homework" for you.