Post by HottyI live in Calif. Is there no 4 year statue of limations on bills owed
to a state college, other than student loans ( where 4 year statue of
limations do not apply)? In other words, I cannot claim the bill from
the state college is stale because it is over 4 years old, and there
for the state college cannot collect on the bill (other than student
loans)???
Glenda
I don't understand what you said, so here's an answer that might not apply
to whatever you asked:
The Statute of limitations in California is 4 years on an action on a
written contract. I don't know of any exceptions pertaining to contract
debts owed to a state college. That doesn't mean that there is no such
exception. Instead of doing research on the issue, you could wait for the
college to sue. If the statute of limitations applies, their attorneys
might not bother to file the suit. If they do sue, you should raise the
statute of limitations as a defense. Then would be a good time to do the
research.
There is one other wrinkle in Statute of Limitations law in California. The
statute is tolled during any period when the defendant is out of the state.
"Tolled" means "stops running". So if you were out of state for a total of
365 days during the four year period that the statute would otherwise have
run, then the statute of limitations period expires five years after the
breach rather than four.
So if you want to do research instead of waiting to see what happens, first
count up all of the days that you were out of state during the four year
period beginning on the date of the breach. Then start the research with an
internet search for exceptions to the statute.
This answer must not be relied on as legal advice for the reasons posted
here: http://mcgyverdisclaimer.blogspot.com . And I am not your attorney.
McGyver