Debt Collection
Demand Letter
California
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
Myrna L.
ContractsCounsel verified
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.