Fortis Capital, represented by Curtis O Barnes, sued I.M. on a stale debt. We prepared I.M.’s responses to Fortis Capital’s discovery requests and asserted that the statute of limitations had expired. Fortis Capital responded by dismissing the case.
Remember, even though the statute of limitations for credit card debt in California is 4 years, you must defend the lawsuit and assert the defense yourself by stating that more than 4 years have past between your last payment and the date that the creditor filed its lawsuit. The judge will not assert the defense for you, and if you fail to file with the Court a written response to the Summons,you will lose automatically.
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