Anybody knows what's the statute of limitations in California? Since I've been sued for a debt contracted in 1991 and did not received any intent of collecting through the until I got the summons and now after almost 2 years of my attorney going to court for this matter he tells me 60/40 in my favor, the actual amount was $17,000.00 and now $42,000.00 and already in my credit. The plaintiff has the original contract. Why they let go so many years without the intention of collecting and no notification verbally o in to us, they knew our address since is the same for so many years. Should I and Can I still try to negotiate the debt to be pay in payments? Since I do not trust my attorney anymore?

1991? In California the statue to sue and recover is 2 years oral, 4 years written agreement/contract and 10 years for a judgement. Was this a judgment against you? If so you were sued already and lost. They have 10 years to collect the debt and enforce the judgement.

What type of attorney do you have? He should file a motion to dismiss.

CALIFORNIA CODES
CODE OF CIVIL PROCEDURE
SECTION 335-349.4

335. The periods prescribed for the commencement of actions other
Than for the recovery of real property, are as follows:

336a. Within six years. 1. An action upon any bonds, notes or
Debentures issued by any corporation or pursuant to permit of the
Commissioner of Corporations, or upon any coupons issued with such
Bonds, notes or debentures, if such bonds, notes or debentures shall
Have been issued to or held by the public.
2. An action upon any mortgage, trust deed or other agreement
Pursuant to which such bonds, notes or debentures were issued.
Nothing in this section shall apply to bonds or other evidences of
Indebtedness of a public district or corporation.

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.
2. An action to recover (1) upon a book account whether consisting
Of one or more entries; (2) upon an account stated based upon an
Account in writing, but the acknowledgment of the account stated need
Not be in writing; (3) a balance due upon a mutual, open and current
Account, the items of which are in writing; provided, however, that
Where an account stated is based upon an account of one item, the
Time shall begin to run from the date of said item, and where an
Account stated is based upon an account of more than one item, the
Time shall begin to run from the date of the last item.
3. An action based upon the rescission of a contract in writing.
The time begins to run from the date upon which the facts that
Entitle the aggrieved party to rescind occurred. Where the ground
For rescission is fraud or mistake, the time does not begin to run
Until the discovery by the aggrieved party of the facts constituting
The fraud or mistake. Where the ground for rescission is
Misrepresentation under Section 359 of the Insurance Code, the time
Does not begin to run until the representation becomes false.

337.5. Within 10 years:
1. An action upon any bonds or coupons issued by the State of
California.
2. An action upon any general obligation bonds or coupons, not
Secured in whole or in part by a lien on real property, issued by any
County, city and county, municipal corporation, district (including
School districts), or other political subdivision of the State of
California.
3. An action upon a judgment or decree of any court of the United
States or of any state within the United States.

I LOST my house /foreclosed on 1992/I had $17000.00 home improvement that time/my lawyer that time for my chap 7 bankruptcy didn't file correctly /my bankruptcy wasn't dismissed/that loan was included to bankruptcy too.So I DIDN'T know that until 2 years ago after 15 years I received the lawsuit for that $17k I HIRE LAWYER not a good one,once he didn't showed up to the court /they put judgment against me /my wife/so I complained to my attorney /we went to the court /judge dismissed the judgment/my lawyer said there is law if they didn't sue you for 10 years they can't go after you so most probably your wife could be dismiss/but yours because of the bankruptcy wasn't final,they might go after you because is less than 15 years/this week on sep,29 we have to go to court to settle the case/but I FOUND OUT ABOUT they never send me no letter or any notification through original creditor /any other co that they transfer the loan /this co cadle co are collection agency/under FDCPA SECTION809 VALIDATION OF DEBTS(15 USC 1692G) THEY CAN NOT SUE US I talked to my lawyer 2 days ago /told him last 15 years never heard of this before ,he said let me see what can I do for you to me there is no case against us even my attorney said this Cadle co bought the loan.Please let me know if I CAN SUE THEM/also sue my attorney as well /what is my right?Thanks/what can take front of the judge ?

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Originally Posted by realitytrust

I LOST my house /foreclosed on 1992/I had $17000.00 home improvement that time/my lawyer that time for my chap 7 bankruptcy didn't file correctly /my bankrupcy wasn't dismissed/that loan was included to bankruptcy too.So I DIDN'T know that until 2 years ago after 15 years I recieved the lawsuit for that $17k I HIRE LAWYER not a good one,once he didn't showed up to the court /they put judgment against me /my wife/so i complained to my attorney /we went to the court /judge dismissed the judgment/my lawyer said there is law if they didn't sue you for 10 years they can't go after you so most probably your wife could be dismiss/but yours because of the bankruptcy wasn't final,they might go after you because is less than 15 years/this week on sep,29 we have to go to court to settle the case/but I FOUND OUT ABOUT they never send me no letter or any notification thru original creditor /any other co that they transfer the loan /this co cadle co are collection agency/under FDCPA SECTION809 VALIDATION OF DEBTS(15 USC 1692G) THEY CAN NOT SUE US I talked to my lawyer 2 days ago /told him last 15 years never heared of this before ,he said let me see what can I do for you to me there is no case against us even my attorney said this Cadle co bought the loan.Please let me know if I CAN SUE THEM/also sue my attorney as well /what is my right?Thanks/what can take front of the judge ?

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This is the problem when you post half the information - you've already received half an answer.

No, you can't sue "them" if by "them" you mean Cadle Co. They are trying to collect a debt.

You certainly can file against your Attorney with your Bar Association if he/she did not properly represent you. If you owed the $17,000 and had no defense to the debt I'm not sure the failure of your Attorney to show up made any difference but if you paid for representation which you did not receive that Attorney committed a legal malpractice.

If you are asking what you can take in front of the Judge, print out the section you have quoted and take that as proof the debt is beyond the Statute and also take all your Bankruptcy files and records. I don't see that that Section refers to anything but validation of debts but perhaps I am reading it wrong or too quickly.

Part of what happens will depend on what State you are in.

It would be helpful if you would use sentences instead of "/" marks because it is difficult to follow what you are saying.

Ok, first full sentences, with periods and making complete thoughs and supplying more info about this. All of that would help.

But if your attorney did something incorrect, based on the info you gave them, you may try to sue them and report them to the bar. You can not sue a company for trying to collect their debts. In the end in bankruptcy and other legal action you are asked to review and be sure all info is included, so if you did not include them, it is really your fault not the attorney for not being sure they were listed when you were suppose to read the material before you signed the paper work.

But you need to appear in court when you are suppose to and present your evidence to prove the debt is no longer valid.

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Originally Posted by realitytrust

anybody knows what's the statute of limitations in california? since I've been sued for a debt contracted in 1991 and did not received any intent of collecting through the until I got the summons and now after almost 2 years of my attorney going to court for this matter he tells me 60/40 in my favor, the actual amount was $17,000.00 and now $42,000.00 and already in my credit. The plaintiff has the original contract. Why they let go so many years without the intention of collecting and no notification verbally o in to us, they knew our address since is the same for so many years. Should I and Can I still try to negotiate the debt to be pay in payments? since I do not trust my attorney anymore?

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You have left out many, many important facts and circumstances - this is more fully explained in your other thread.

First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. Since you have another thread, I've merged the threads.

If you included the debt in a bankruptcy but didn't follow through the normal SOL may not apply.

If you have an attorney, you should be supplying them with all the details so they can represent you properly.

Thank you for all of your answers. I talked to my attorney and he says that this is a promissory note not a contract what we signed in 1991 and according to our attorney we are within the sol, we have a trial in 2 more days and my husband and I are considering the possibility of negotiating the debt or we don't know what to do since your attorney says 60/40 in our favor. Thank you in advance for all your help.

Quote:

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Originally Posted by realitytrust

Thank you for all of your answers. I talked to my attorney and he says that this is a promissory note not a contract what we signed in 1991 and according to our attorney we are within the sol, we have a trial in 2 more days and my husband and I are considering the possibility of negotiating the debt or we dont know what to do since ur attorney says 60/40 in our favor. thank you in advance for all your help.

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Please come back and let us know how it works out - your experience could be very helpful to someone else.

Fingers crossed - sounds like you've had a rough time.

Hello, back to my case I tried to settle down with no succeed and at the end of October 2008 we have a trial which still want to settle before trial date. My contract in 1991 had 2 clausures, one of them is in our favor by the SOS but the other states that the whole amount of $17,500.00 (which now is $45,000.00) should be pay in full 08-02-2006 and I may be notify to the address listed in the contract at that time and Judge says that the SOS starts from that time again, but our attorney says that they mailed us a certified letter one month before 08-02-2006 and because of that we can fight SOS. What do you think? At this point he says it is the only way to go and it depends on the Judge or if we decide to get jury, up tto them. Anyway I would like to ask, in case of lossing the case and they put a lien on my house, would it stay there until I sell the house or is any time frame for remain as a lien in my house? Can you please help me with orientation? Thank you so much for all your answers.