QUESTION
Can the SoL Affirmative Deffense be raised
Asked on Apr 02nd, 2014 on Collections - California
More details to this question:
My wife was summoned for the debt of an old credit card she had before we met. she states that the debt is a few years old but she is unsure if the SoL has expired. the debt is in the amount of $1600 and she lives in CA. Can the SoL be raised as tn affirmative deffense. the plaintiff has to come up witht he proof, correct?
1 ANSWER
2 Awards
The statute on credit card debt in California is typically going to be four years, but if the credit card agreement is governed by the law of another state it could possibly be shorter. The SOL must be raised as an affirmative defense. The Plaintiff has the burden of proving their case, but you will have the burden of demonstrating that the amount owed is barred by the SOL.
Thanks,Jon
Answered on Apr 02nd, 2014 at 3:38 PM