Can a debt collector sue me for old credit card debt if the debt is within the statute of limitations.

Bankruptcy and Debt 3 views 3 answers
I believe the debt is old and statute of limitations may be in effect.

Attorney Answers

3
Ronald David WiltonEmployment / Labor AttorneyEncino, CA ·
Why not spend a few minutes and run the actual facts past an attorney in your area? You are going to have to find out if you have a valid statute of limitations defense at some point in time. So why not do that now?
0 upvotes
Mary Reid Mayo MorellyDebt Collection AttorneyOrlando, FL ·
They can sue you and you will have to assert the SOL as an affirmative defense in your answer, which will most likely get the case dismissed if they are outside the SOL when they file suit. There are things that can toll (stop) the time on a SOL and there are things that can restart the clock as well. I would recommend consulting with an attorney on the specifics of your situation. Many attorneys on (such as our firm) offer free consultations and/or accept payment plans. If you believe they are outside SOL, don't acknowledged he debt, make any payments or sign any stipulations without consulting an attorney. Don't ignore a lawsuit either or they can get a default against you.
0 upvotes
Jacqueline Salcines ·
They can always sue you. However within the lawsuit you can use the affirmative defense of statute of limitations. That would dismiss the case.
0 upvotes

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