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Rakhi Vasavada
Rakhi Vasavada, Financial and Legal Consultant
Category: Finance
Satisfied Customers: 4434
Experience:  Graduated in law with Emphasis on Finance and have have been working in financial sector for over 12 Years
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I am being sued for a debt back in 2006. The debt incurred

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I am being sued for a debt back in 2006. The debt incurred was in California, I live in Arizona now. I do not remember this debt. They are trying to get a judgement against me, I just filed an objection to it today. I spoke to another attorney that said that I can argue the statue of limitations. Can I still do that even though I filed the objection to the judgement?

Rakhi Vasavada :

Dear Friend,

Hello and welcome. Thank you for using Just Answer.

Rakhi Vasavada :

I too, on lines of the attorney that you consulted would have suggested to defend yourself using Statute of Limitation. You CAN do that even if you have filed the response and objection to the judgement.

Rakhi Vasavada :

If we talk of Statute of Limitation, In California, they work out as under.



  • Medical malpractice actions: Three years from the date of injury or one year from the date of discovery of the injury, whichever occurs first.

  • Breach of an oral contract: Two years.

  • Breach of a written contract: Four years.

  • Suits for libel or slander: One year.

  • Personal injury claims based on negligence: Two years.

  • Suits for injuries resulting from domestic violence: Three years from the last act of domestic violence.

  • Childhood sexual abuse: Eight years from the victim's 18th birthday or three years after the victim realizes that physical or psychological injury has resulted from childhood sexual abuse, no matter what the victim's age.

    IN YOUR CASE, 4 Year limitation would apply.

    Kindly refer: http://www.courts.ca.gov/9618.htm

Rakhi Vasavada :

I am sure this would help.

You may please leave a positive rating if this helps as this is the only way we get credited for assisting you. Alternatively please feel free to reply with further queries if you have and I would be more than happy to assist you further.

Warm Regards

Customer: replied 3 years ago.

Ok, So it doesn't matter if I live in Arizona then. If I can argue for the statue of Limitations, how would I submit that to the court? What form do I need and how much does that usually cost? Does the court usually has that form?

Dear Friend,

Hello and welcome again. Thank you for your follow up question.

To begin with, it does not matter that you now live in Arizona. Secondly, In most cases, you are free to represent yourself in Court if you choose, and in some states, you are required to do so in small claims court. This is called ‘pro se’ or ‘pro per,’ which are Latin terms meaning ‘for himself’ or ‘on one’s own behalf.’ Check with your local clerk’s office to make sure that your state does not require you to have an attorney for your specific case.

However, California allows this. Having said this, note that there is no specific form that court has to file your reply. HOWEVER, this has to be done in certain format. If you need, you can take help / guidance from Self Help Centers. Refer:

http://www.courts.ca.gov/selfhelp-selfhelpcenters.htm


The following link will help you to prepare yourself listing what you should do, what you should NOT do, the pros and cons of representing yourself without lawyers. Just study this link and this will give you excellent references.

http://www.courts.ca.gov/1076.htm


I am sure this would help.

You may please leave a positive rating if this helps as this is the only way we get credited for assisting you. Alternatively please feel free to reply with further queries if you have and I would be more than happy to assist you further.

Warm Regards
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