Under the statute of limitations how long does a creditor have to sue me?

UPDATED: Oct 13, 2011

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Under the statute of limitations how long does a creditor have to sue me?

8 years ago I signed an agreement for a private student loan. The original amount on the loan was $4500 and I paid it down to about $1000. Then 4 years ago the account went into default and I did not hear from the lender again. I recently received a call from a collection agency and they say they took it over received 2 years ago. They want to sue me unless I pay them $3300 right now, and say that I owe them $4450.

Asked on October 13, 2011 under Bankruptcy Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In California the statute of limitations for a person to file a lawsuit for breach of a written and signed contract of for common counts (benefits expended for a person) is four (4) years from the date of the breach of the written agreement or from when the time when the money was due to be paid.

If no lawsuit has been filed by now against you it appears from the facts that you have written regarding your question that your defaulted obligation to the lender would be time barred under the applicable statute of limitations in California even if a lawsuit against you is filed. If you get sued for this obligation, your best defense would be the time bar of the statute of limitations.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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