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Asked in CA May 26, 2022 ,  0 answers Visitors: 1

promissory note

If the company signed a promissory note, it's been 4 years from the due day but the creditor never sued, does it means the creditor cannot collect it anymore since it passed the statute of limitation?

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Anonymous
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Posted on / May 06, 2008 02:58:00

Re: promissory note

The creditor can file a lawsuit, but if the debtor raises the correct statute of limitations as an affirmative defense in the answer, and can prove that the limitation period expired prior to the filing date of the lawsuit, the debtor wins.

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