From all of the research I've made, it seems that the SOL for the state of California on written agreements (such as mine), is for four (4) years after the "breach" of debt. Should I take this to mean either the last time I made a payment, the first payment I failed to make, or when the debt was sold off to a CA??? Thanks again everyone!
If the payment was due on March 1, 2004, if the creditor had not received the payment that date, then the breach occurred on March 2, 2004.
Then I take it that I am still within the SOL on this, since my last payment was 1/13/2004, which would probably place my 'breach of contract' somewhere in February of 2004. Seems like its time to face the facts then. Although they have already filed a motion in court, would the CA be likely to negotiate and settle beforehand for a reasonable amount? If so, will they withdraw their motion? Also, since I received the summons on Jan 11th, adding the 30 days to respond would place me on Feb 10th, 3 days before the SOL expires, I'm assuming that I would have a judgment levied against me in that time if I chose not to respond at all, correct? Thanks again everyone!
As long as the suit is filed before the SOL expires, it tolls the SOL, meaning that the debt remains in SOL until the suit is settled. So it looks like they made it.
