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Law Girl
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Category: Bankruptcy Law
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i just received notice to appear in court for a debt that is

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i just received notice to appear in court for a debt that is more than five years old. i have never received notice of the "original" debt and have never sent any payments to this debtor collector. how long can a debtor or a debt company come after me in the state of Nebraska? do i have to appear in court? what do i say to the judge about my nonpayment?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Law Girl replied 8 years ago.

Thank you for your question.

 

The statute of limitations on credit card debt is four years in Nebraska. So, if it has been longer than four years, you can assert the affirmative defense of statute of limitations. Unfortunately, you do need to appear in court and respond to all paperwork to adequately assert your defense.

 

With regard to the nonpayment and based on these facts, you may concede no payment based on the fact that no one ever contact you about the debt until the statute ran.

 

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

 

Good Luck!

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