Statute of limitations
I'm being sued for an old charged off credit card that was bought by a collection company. Also I have been married for 12 1/2 yrs and they are suing in my maiden name claiming I used the card recently. I havne't used a credit card since 1998. Is there a statue of limitations?
1 Answer from Attorneys
Re: Statute of limitations
You are dealing with "zombie" debt collectors. They purchase really, really old debts for next to nothing and try to collect them . . . even if they are barred by statute of limitations. This happened to my wife recently. She had paid a card off years ago and they still tried to collect. The tip-off for us that the debt was more than eight years old was they used her maiden name. The statute of limitations bars collection of debts more than five years from the date of the breach of contract, with some limited exeptions for tolling. Five years is the rule of thumb. If it is more than that, tell them the debt is barred. When my wife informed the collector that she had paid it years ago they said "thank you," hung up, and never bothered her again. Every situation is unique and you should seek the advice of counsel if it looks like they may file a suit or if they file a lawsuit. Many attorneys will write denial letters for a nominal fee. Best of luck in dealing with this situation.
John H. Graves
The Law Office of John H. Graves, PLLC
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