Does the statute of limitations apply toa summons date or a filing date?

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Does the statute of limitations apply toa summons date or a filing date?

I just received a summons for a debt collection. I know that the statute of limitations is 4 years my state state but I am confused on the filing date. The account was paid 30 days late over 4 years ago and I received the summons today. It has been over 4 years but on the summons the stamped date is 10 months ago, which is just under 4 years old. Which date would I use to calculate if the statute applies?

Asked on November 20, 2011 under Bankruptcy Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The date for statute of limitations calculations would be the date on the complaint stamped endorsed typically in the right hand corner of the first page of the complaint. Whatever date is stated, you then go back four (4) years to calculate any bar by the statute of limitations.

Most likely the issued summons has the same date upon it when the complaint was filed. If you were just served with the summons and complaint in this matter, the service date would not have any bearing on the date to calculate the statute of limitations.

 


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