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Barrister
Barrister, Lawyer
Category: Real Estate Law
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Experience:  15 years real estate, Realtor. Landlord 26 years
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I have homeowners dues delinquent since the foreclosure of

Resolved Question:

I have homeowners dues delinquent since the foreclosure of my rental house on August 9 2009. A process server came to give my wife some papers today, but she was not available to sign. Since it has bee 4 years and a few days am I still liable for this debt. The house is in Riverside County in California. Jim XXXXXX@XXXXXX.XXX

Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
.
Since it has bee 4 years and a few days am I still liable for this debt.
.
As you are likely already aware, the statute of limitations on pursuing a debt based on a breach of contract action in CA is 4 years under CA Rules of Civil Procedure 337.5. So if the HOA has waited over 4 years from the date you defaulted, then they would be time barred from pursuing this now.
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However, that doesn't mean that they won't try and you will have to defend against any claim by pleading the SOL has run as an affirmative defense.
.
.
Thanks
Barrister
Civ. Proc. §337
Customer: replied 1 year ago.

Another question...If The collection agency filed this legal paperwork prior to August 5, 2013 (say August 4th) do they meet the 4 year limit? Or do I or my wife have to have signed the process servers paperwork prior to Aug 5 for the lawsuit to be valid??

Expert:  Barrister replied 1 year ago.
The way the law works is that the creditor just has to actually file the lawsuit with the court clerk before the 4 years expires in order for it to be validly filed. So if the creditor files and gets the complaint file stamped on or before the 4 years running, then it would be filed in time. If it then takes a while to actually serve the defendant, that isn't legally relevant.
.
It it the actual filing date that matters, not when the defendant is served.
.
.
Thanks
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 27280
Experience: 15 years real estate, Realtor. Landlord 26 years
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