Posted on July 2, 2009 at 5:28 am hi destroydebt people, i need the answer real quick, what's the statute of limitations on credit card debt in california? thankss

Posted on July 2, 2009 at 5:33 am Four years for a written contract (or promissory notes), credit cards & debt collections, and two years for an oral contract. Ten years for judgment.

Posted on July 2, 2009 at 5:36 am wow that's shorter than the other states! it's 6 years for some right? when do i start counting?

Posted on July 2, 2009 at 5:40 am Start counting from your debt's due date and always keep all your bills/statements. You may need them someday, as evidence, against collection agencies...assuming of course that you're anticipating that they'd come after you..

Posted on July 2, 2009 at 5:43 am okay thanks! i think it's up on my sister's debt..not mine Gave Up On The Riddle..she's been getting collection calls that's why and I read somewhere in these threads that all you have to do is never admit to the debt or promise to pay for it and also,send them a letter saying that the statute on the debt is up...then they'd bug off right? thank you again!

Posted on July 7, 2009 at 10:27 pm Debt collectors won't necessarily just bug off, their job is to pester you to the end. Supposing your sister has some debt and the statute of limitations (in your state, California) has run out. She should expect the creditors to continue trying to collect from her. Some (collection agency) might slip a little trick or two and lie to her -- tell her that the four-year period begins when they bought the debt. Some might even sue her -- as mentioned by the others, your sister must know her rights to win this game. She has to make sure that she has documentation. The original creditor is legally obligated to supply those proof ( the most recent payment or credit card usage). Of course it's going to be hard calling the creditor's customer support line but she has to be persistent. Documents are weapons.

Posted on July 7, 2009 at 10:34 pm oh..thanks, supposing the creditors disagree? or refuses to send in those papers?

Posted on July 7, 2009 at 10:43 pm I am not a lawyer, so this specific legal issue (statute of limitations on credit card debt in the state of California),supposing your sister was sued, should best be discussed with a lawyer in California..however, this is what I know, after your sister has tried all she can to reach the creditors and they really can't be reached, your sister can then go online (to the local court web site) and file a document that's called, "Small Claim Subpoena -- For Personal Appearance and Production of Documents and Things at Trial or Hearing and Declaration." She has to send this document to the creditor and its attorney via certified mail. This will notify the court that the creditor is not cooperating.