Legal Question in Credit and Debt Law in Pennsylvania

Re: statue of limitations credit cards in pennsylvania

You asked bout credit card debt.

Consumer debts never actually expire. You always still owe the money. In PA those debts become essentially uncollectable because a statute of limitations prevents suit on debts over four years old.

Those debts may also be reported on a consumer credit report for 7, 10 or even 20 years in some instances. But, if a creditor attempts to collect a debt in violation of the statute of limitations or the Fair Debt Collections Practices Act then the debtor can assert all legitimate claims against the creditor or collection agency.

Regards,

Roger

Re: statue of limitations credit cards in pennsylvania

I do not advocate dodging legitimate debts, but I do not trust banks, credit card companies, insurance companies, etc. It is nothing personal, they want to screw everyone for as much as they can - it's just business.

In PA, if you have not used or made any payments on the account for 4 years or longer, they can not collect on the debt. See: http://www.bcsalliance.com/y_debt_timebarred.html and http://www.bcsalliance.com/y_debt_sol.html

ANYTIME someone tries to collect a debt, especially on a credit card, IMMEDIATELY dispute the debt and demand the original instrument/credit application to see if it is your signature, demand a copy of the terms of use and service when you signed up, demand proof of the purchases, and demand an accounting showing penalties, fees and interest they are claiming is owed. Very often, they make mistakes, which are always in their favor (shocking eh!?). If they do not give you the demanded info, dispute the obligation and tell them not to ever contact you again in any manner. Their ONLY option is to sue, but if you disputed it, when sued, you send them a copy of your original dispute letter and demand for discovery. Remember, if you go to a judge and say, "judge, I asked, they don't have it, and a computer printout saying you owe $1,666.66, is NOT proof of the original agreement, the terms of that agreement, or that you are responsible for some unknown charges, penalties, fees and interest that they are claiming, and the burden of proof is on them."