Legal Question in Credit and Debt Law in New Jersey

Statute of Limitations and Law Suits

I had a credit card debt nine(9) years ago that wasn't paid.

Now a collection agency is calling.

Even though I understand that the Statute of Limitations applies; can I still be sued in civil court?

Thanks


Asked on 1/21/05, 11:13 am

1 Answer from Attorneys
Glen Chulsky Law Office of Glen H. Chulsky

Re: Statute of Limitations and Law Suits

A collector can still attempt to collect a debt after the statute of limitations has expired. They cannot however, imply or expressly threaten a lawsuit or other legal action if the underlying debt is a consumer debt. To do so, would constitute a violation the Fair Debt Collection Practices Act. You could then sue them for up to $1,000 in statutory damages, any actual damages suffered and for your attorney's fees. If you need additional info, you may find my website helpful.

Glen H. Chulsky, Esq.

www.njconsumerfraudlawyers.com

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Answered on 1/22/05, 7:47 pm


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