Stockton, CA asked in Bankruptcy and Civil Litigation for California

Q: I have been sued for $1,885.91 from credit card. Its a limited civil case. My last payment was 12/01/2015

It's past 3 years and do i have to go court or do try to call the credit card company?

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4 Lawyer Answers
Peter Maurice Lively
Peter Maurice Lively
Answered
  • Bankruptcy Lawyer
  • Culver City, CA
  • Licensed in California

A: The statute of limitations for breach of contract in California is four years. You might be able to resolve the lawsuit by contacting counsel for the credit card company and offering a settlement. You have a limited amount of time to file a written response to the complaint and you need to pay first appearance fee to do so, so you should consult with an attorney as soon as possible to get a better understanding of your rights and options.

Harlene Miller and Tim Akpinar agree with this answer

1 user found this answer helpful

Harlene Miller
Harlene Miller
Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: Depending upon what other debt you have, it would be best to try to enter into a payment plan with the creditor if you can afford to do that. Unfortunately, if you do nothing, the creditor will get a judgment against you and can thereafter garnish wages or attach money in bank accounts. But you need to act quickly. If you do have other debt that you are unable to pay, then seeking advice from an experienced bankruptcy attorney would provide you more information as to all options. Many attorneys offer a half hour no charge consultation. Your "3 year" reference is incorrect as stated by my colleague.

Tim Akpinar agrees with this answer

1 user found this answer helpful

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: You have to file an Answer with the court within 20 days of your receipt of the summons and Col ain’t.

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Bankruptcy Lawyer
  • Sacramento, CA
  • Licensed in California

A: It's 4 years for a contract. You must answer the complaint unless you can negotiate. Sometimes I have been able to get a payment plan but your best bet would be to borrow the money and pay them. Just answering the complaint is close to $400. If you have a lot of other debt you might consider a Bankruptcy filing... but if you do nothing they will file a judgment against you and that is not good.

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