I had a credit card some years ago with Citi and I fell on some hard times and couldn't pay it. I received a civil lawsuit filed against me the other day. The last payment on the card was 6/25/13. The summons was filed 7/25/16. I've had no other contact with the credit card company in over 3 years. The statute of limitations for credit cards is 3 years in my state. My questions are:
Does this mean the lawsuit was filed against me one month too late?
How should I respond?
Do I need a lawyer?
I appreciate any and all help. Thank you so much in advance.
2 Answers from Attorneys
The statute of limitations is a waivable defense - meaning its waived unless you raised it in a timely filed answer with the court.
If the complaint was filed in July, when were you served? It does not usually take 3 months to serve a complaint. Also, is the lawsuit by Citi? Or a junk debt buyer? If the latter, junk debt buyers cannot file suit after the statute of limitations has run. Under another provision, neither can original creditors. If you were just served, I would get yourself now to a lawyer who does credit card defense litigation. I don't go to court and you will need someone who does.
I couldn't agree with Ms. Hunter more. Get an attorney ASAP and get an answer filed.