daisymay 10 Posted July 7, 2006 Report Share Posted July 7, 2006 I have been all over the place on this website, the California AG and FTC websites, etc., today and have not been able to zero in on the specific provision I'm looking for. I'm sure it's probably been right in front of my nose but i just couldn't pull it up, even in the sticky for Calif law. I have seen many references and the code that talks about it being unlawful and a violation for CAs to pursue legal action on time-barred debts. The specific provision I'm looking for defines the starting point for the SOL to run, and any events that can restart or toll the SOL.Help???? Help?! Link to post Share on other sites
chincheck 20 Posted July 7, 2006 Report Share Posted July 7, 2006 California SOL for other than the recovery of real property:http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=335-349.4Tolling:http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=350-363 Link to post Share on other sites
daisymay 10 Posted July 7, 2006 Author Report Share Posted July 7, 2006 My understanding of the legal lingo contained in CCP 337 as it applies to credit card debt is that…• Legal action remedies (such as a judgment) must be pursued within the 4 year statute of limitations (SOL)• SOL starts running after cause of action (the event that causes default status, such as failure to pay the amount due)• SOL period is calculated from date of breach (the 1st payment delinquency) until the account is brought current • If the account is never brought current within the 4 year period, the SOL has run and expires (a partial payment towards the delinquent amount does not toll (stop) the running of the SOL as long as the account is never brought current). • Date of last activity, excluding the payment delinquency, is not a cause of action that resets the SOL in the event the activity occurs subsequent to the payment delinquency. • If the account is brought current at any point within the 4 years, the SOL is tolled and resets the clock. Is my understanding of this provision accurate or faulty? I’ve seen so many contradictory interpretations and am trying to get clarity. Please advise. Link to post Share on other sites
chincheck 20 Posted July 11, 2006 Report Share Posted July 11, 2006 Your understanding is accurate IMO. Link to post Share on other sites
daisymay 10 Posted July 11, 2006 Author Report Share Posted July 11, 2006 Thank you! Link to post Share on other sites
Niner849 11 Posted August 15, 2006 Report Share Posted August 15, 2006 I have been all over the place on this website, the California AG and FTC websites, etc., today and have not been able to zero in on the specific provision I'm looking for. I'm sure it's probably been right in front of my nose but i just couldn't pull it up, even in the sticky for Calif law. I have seen many references and the code that talks about it being unlawful and a violation for CAs to pursue legal action on time-barred debts. The specific provision I'm looking for defines the starting point for the SOL to run, and any events that can restart or toll the SOL.Help???? Help?!That is Article 2.6 of the CAFDCPA Link to post Share on other sites
daisymay 10 Posted August 20, 2006 Author Report Share Posted August 20, 2006 Thanks for clarifying this! Link to post Share on other sites
