you can review that by clicking this link under section 337 which states
337. Within four years: 1. An action upon any contract, obligationor liability founded upon an instrument in writing, except asprovided in Section 336a of this code; provided, that the time withinwhich any action for a money judgment for the balance due upon anobligation for the payment of which a deed of trust or mortgage withpower of sale upon real property or any interest therein was given assecurity, following the exercise of the power of sale in such deedof trust or mortgage, may be brought shall not extend beyond threemonths after the time of sale under such deed of trust or mortgage. 2. An action to recover (1) upon a book account whether consistingof one or more entries; (2) upon an account stated based upon anaccount in writing, but the acknowledgment of the account stated neednot be in writing; (3) a balance due upon a mutual, open and currentaccount, the items of which are in writing; provided, however, thatwhere an account stated is based upon an account of one item, thetime shall begin to run from the date of said item, and where anaccount stated is based upon an account of more than one item, thetime shall begin to run from the date of the last item. 3. An action based upon the rescission of a contract in writing.The time begins to run from the date upon which the facts thatentitle the aggrieved party to rescind occurred. Where the ground forrescission is fraud or mistake, the time does not begin to run untilthe discovery by the aggrieved party of the facts constituting thefraud or mistake. Where the ground for rescission ismisrepresentation under Section 359 of the Insurance Code, the timedoes not begin to run until the representation becomes false.
that is not going to be written in Code anywhere. the way the law is written is clear it is from the date of breach. if there was an extension, then it would state that such an extension is possible with a "tolling" of the statute.
partial payments would not extend the SOL. therefore, if the SOL was in 2004 then that would be the limit. that SOL begins to run at breach. there is no provision in the law that states otherwise. for instance, if the SOL was tolled, it would state that the SOL is 4 years from the date of the last payment/breach and shall be renewed with any subsequent payments of the debt
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).