Q: I am being sued for by debt collector. last payment on the account was made in January 2019 is it past the 4years?
Case was Electronically filed with the court on 3/07/2023.
A:
In California, the statute of limitations for a debt collector to file a lawsuit on an unpaid debt is typically four years from the date of the last payment made on the account. If the last payment on the account was made in January 2019, it is possible that the statute of limitations has expired and the debt collector may no longer have a legal right to sue for the debt.
However, it is important to note that the statute of limitations may be tolled, or suspended, under certain circumstances, such as if the debtor leaves the state or files for bankruptcy. Additionally, the exact date of the last payment and other details of the account may impact the calculation of the statute of limitations.
If you have been sued by a debt collector and believe that the statute of limitations has expired, it is recommended that you speak with an attorney who can review the specific details of your case and provide advice on how to proceed. Additionally, it is important to respond to the lawsuit in a timely manner and not ignore it, as failing to respond may result in a default judgment being entered against you.
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