Calif. Statute of Limitations on debt

[IConcur]

What is the name of your state?undefinedWhat is the name of your state? CALIFORNIA.

I have been summoned to appear in San Bdno County small claims court this coming Monday 9/12/05. The "Order" clearly shows that the $1,039 debt happened "JUNE, 1998". It appears that the debt is for legal fees that exceeded a $2,000 retainer I paid back in 1997 for assistance in a child support case. (also San Bdno County) The debt has not been transferred to any outside collections and there has been no activity such as debits or credits since then. $750 of the $1,039 debt is for late fees! I researched as best I could at the law library and it looks like this lawsuit is barred by the statute of limitations.

However, I understand that I must appear and I would REALLY appreciate your professional advise.

1) Am I way off base, or does my research appear to be accurate?

2) What do I need to present to the court?

3) How should I state my case? Will bringing it to the Judge's attention that the lawsuit is barred by the SOL be sufficient, since it is clearly stated that debt occured June 1998 on the face of the ORDER?

Thank you for your time. I would greatly appreciate your assistance as soon as possible, as my court date is Monday 9/12/05. I just received the court papers 2 weeks ago because they were left at my last known residence, which is another whole problem with not being served correctly, but I would just like to appear and get it over with.
Thanks Again!
Dennis

 

[JETX]

Am I way off base, or does my research appear to be accurate?

Based solely on the information in your post, it would appear to be accurate.
The SOL in CA for a written contract is 4 years from its DOLA (Date of Last Activity).

What do I need to present to the court?

Simply make reference to the applicable statute.
California Code of Civil Procedure:
337. Within four years: 1. An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a of this code; provided, that the time within which any action for a money judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, following the exercise of the power of sale in such deed of trust or mortgage, may be brought shall not extend beyond three months after the time of sale under such deed of trust or mortgage.

How should I state my case? Will bringing it to the Judge's attention that the lawsuit is barred by the SOL be sufficient, since it is clearly stated that debt occured June 1998 on the face of the ORDER?

That should be sufficient.

Thank you for your time. I would greatly appreciate your assistance as soon as possible

Would have been sooner if you had posted it in the correct area. This is NOT a small claims matter.

 

[I AM ALWAYS LIABLE]

This is NOT a small claims matter.

My response:

Actually, it is.

IAAL

 

[JETX]

My response:

Actually, it is.

IAAL

Actually, I meant the post being about the California SOL was not a 'small claims' concern... not that it was or was not a small claim case (as the OP already said it was).