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Home Q&A Forum Demand letter and statute of limitations?

Debt Collection

Demand Letter

California

Asked on Sep 18, 2023

Demand letter and statute of limitations?

I recently received a demand letter from a creditor regarding an unpaid debt. The letter states that I must pay the full amount within 30 days or they will take legal action. I am concerned that the debt may be outside the statute of limitations, and I wanted to know what legal recourse I have in this situation.

1 Attorney answer

Answer

Debt Collection

California

Answered 215 days ago

Myrna L.

ContractsCounsel verified

Business Lawyer
Licensed in California
Free Consultation

If you are certain that the debt is time barred, debtor may not sue you. In California, there is generally a 4-year limit for filing a lawsuit based on a written agreement. Just make sure you don’t inadvertently restart the statute of limitations, i.e. acknowledge the debt.

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