before migrating here in the US,my business partner sued me for unpaid bebt,infact it was still pending in court(outside US).now she was here in the US,she keep calling me and telling me she will sue me here in the US for my unpaid debt.my question is can she pursue in suing me even it was 7 years old debt and its still pending in court(outside US)? pls help.thanks in advance.
1 Answer from Attorneys
Call her bluff! If you are in PA then PA statute of limitations would bar any lawsuit. Most debts are subject to a 4 year statute of limitations in PA. Note that the statute of limitations is only a legal defense to a lawsuit. It does not stop her from trying to collect the debt. If she sued you successfully and got a judgment against you in some other country, then it can be transferred to the United States but that is a very cumbersome process and unless the judgment is for a lot of money, it would be unlikely that she would try that avenue. However, if you have property in the country where any judgment is entered, you would need to speak to an attorney in that country to see what the laws are regarding enforcement.
She can call and make threats. I would call her bluff. The next time she calls, tell her that the call is being recorded and see if she consents. If she does not, hang up. If she does, record it. Tell her that you spoke to an attorney and you believe that collection of the debt is barred by the statute of limitations. Tell her that you therefore no longer have a legal duty to pay and that if she continues to harass you, she will be violating the Pa. Fair Credit Extension Uniformity Act which precludes harassment. Advise her that under the act, you can get treble your damages and that if she persists you will have no choice but to pursue further legal action. Hang up.
If she continues to call you, seek out an attorney, one who handles FCDPA/FCEUA claims. Have the attorney write a strongly worded letter. If she still continues, you will have to sue her.