How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TJ, Esq. Your Own Question

TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 9695
Experience:  Licensed to Practice Law
9373668
Type Your Bankruptcy Law Question Here...
TJ, Esq. is online now
A new question is answered every 9 seconds

In california: what is the statute of limitations if I owe

Resolved Question:

In california: what is the statute of limitations if I owe a creditor money? What can they do to keep it going?
For instance, if they call every six months asking to work something out (no attorney), does that stay the statute?
Submitted: 9 months ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 9 months ago.
Hello and thank you for the opportunity to assist you. My name is XXXXX XXXXX I will do my very best to answer your legal questions.

It depends on the type of debt. If the debt is like a credit card, car loan, or other similar breach of contract, then the statute of limitations is 4 years. No, the mere fact that the creditor called would not toll the statute of limitations. If you acknowledged in writing that you owed the debt, then that would restart the statute of limitations from the date of the acknowledgment. So, I would not sign anything that indicates that you owe the money.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is greatly appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To TJ, Esq." in the subject line of your question.
Customer: replied 9 months ago.

how about a loan from an individual to a company?


debt for services (work for hire animation, legal, internet service).


 

Expert:  TJ, Esq. replied 9 months ago.
Hello again.

A loan is based on a contract, so the failure to pay a loan is a breach of contract. Accordingly, the statute of limitations would be 4 years. It doesn't matter whether the loan is from an individual to a company, from an individual to an individual, or from a company to an individual. It's all the same so far as the statute of limitations is concerned.
Customer: replied 9 months ago.

One last clarification:


1. Owing to a lawfirm: standard big lawfirm retainer / representation agreement signed. Bills owed. No effort to collect in last two years. Is the retainer/rep agreement (assume standard) a contract -- 4 years?


 


2. Owing to a vendor wherein there is no contract. Just invoices that were likely paid for a while and then payments stopped. No collection activity.


a. what's the statue if effort to collect was a couple phone calls with last call 2 years ago.


b. what's the statute if law firm retained?


 


3. What does toll a statute? Is it only active litigation?


 


 

Expert:  TJ, Esq. replied 9 months ago.
Hi again.

1. Owing to a lawfirm: standard big lawfirm retainer / representation agreement signed. Bills owed. No effort to collect in last two years. Is the retainer/rep agreement (assume standard) a contract -- 4 years?

A: Yes, that would be a contract, and the statute of limitations would be 4 years.


 

2. Owing to a vendor wherein there is no contract. Just invoices that were likely paid for a while and then payments stopped. No collection activity.

a. what's the statue if effort to collect was a couple phone calls with last call 2 years ago.

A: If there was no contract, then how would you owe them money? More than likely, there is a contract. For example, if the vendor provided you with a service or product, then there are only two possibilities: (1) the service or product was a gift, or (2) there was an expectation of payment. If (1), then you owe nothing. If (2), then there was a contract and the failure to pay is a breach of contract. The statute of limitations would be 4 years. The attempts to collect are irrelevant.


b. what's the statute if law firm retained?

A: The statute of limitations for a breach of contract is 4 years regardless of whether a law firm was retained.


 

3. What does toll a statute? Is it only active litigation?

A: The statute of limitations could be tolled for a variety of reasons. Leaving the state tolls it, filing for bankruptcy tolls it (until discharge). There are a lot of reasons (too many to name). If you're the defendant, you don't want it tolled, obviously.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 9695
Experience: Licensed to Practice Law
TJ, Esq. and other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.