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Is there a statute of limitations on collecting a credit card

 
RGMacEsq's Avatar
  • Answered by:RGMacEsq
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Customer Question

Is there a statute of limitations on collecting a credit card debt ?

 

Optional Information:
Country relating to Question: United States
State (if USA): California

Already Tried:
nothing was just notified

Submitted: 306 days and 2 hours ago.
Category: Consumer Protection Law
Value: $40
Status: CLOSED

Accepted Answer

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Expert:  RGMacEsq replied 306 days and 2 hours ago.


RGMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

RGMacEsq :

Yes, there is. When was the last time that you paid anything (even a penny) towards the debt?

Customer :

20 years , just notified last week, never shoed up when I bought a house

RGMacEsq :

Thank you. One moment please while I research this, and will get back to you shortly...

RGMacEsq :

According to California Code of Civil Procedure § 337(1), the statute of limitations for a written contract is four years. Now a statute of limitations is NOT a debt forgiveness statute. It does not mean that you no longer owe the debt. A statute of limitations for debt is an affirmative defense a defendant can use if the time for filing an action (a lawsuit) has exceeded what the state allows. In all but a few states, the passing of a statute of limitations does not prevent a plaintiff (a collection agent or original creditor) from filing an action. If the statute of limitations has passed, the defendant (the debtor or consumer) must raise this defense before the conclusion of the trial. The court will dismiss the case if it accepts the statute of limitations defense.

A statute of limitations for debt does not:

  • Prevent the filing of a lawsuit (in most states)
  • Set how long a debt can appear on a credit report
  • Allow you to ignore a court’s summons
  • Bar collection agents from attempting the collect the debt (except in Wisconsin and North Carolina)

RGMacEsq :

So the debt collector can continue to try to collect, but you should (1) NOT ACKNOWLEDGE that you owe anything. Let them know that regardless if you ever had a debt owed, the statute of limitations has passed, and you're not going to pay even a penny, and (2) let them know that if they want to try to collect, take you to court and you're going to file an answer and dismissal asserting this defense.

RGMacEsq :

They will almost certainly drop the matter.

RGMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and again, good luck to you!

RGMacEsq :

Did you have any other questions before you rated this answer?

Expert TypeLawyer
Category: Consumer Protection Law
Pos. Feedback: 98.1 %
Accepts: 223
Answered: 6/26/2012

Experience: Licensed Texas General Practice Attorney

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