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Hi, I live in the state of Arkansas in which the Statute

 
 
 

Customer Question

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Hi,

I live in the state of Arkansas in which the Statute of limitations for a credit card is 3 years (as they are treated as open accounts), can still any debt collector put a lawsuit on me as my debts are now over 5 years old? can they win a judgement against me?

Kind Regards,

Ron

Submitted: 1014 days and 8 hours ago.
Category: Legal
Status: CLOSED
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State/Country of Question: Arkansas

Already Tried:
this is my first approach. My ex-wife got a call today from a zombie debt collector making a threat that they needed the payment by 2pm today in order to avoid a lawsuit. the debt was first default in 01/2004. and I believe I can try to sue them as they are violating the Fair credit Act trying to contact family or ex-family members and disclosing about the debt. the collector is called PayStart in New York.

 
 
 
 
 
 
Posted by Kirk Adams 1014 days and 8 hours ago.

Expert's Answer

No. Once the statute of limitations tolls, the debt is barred UNLESS you reaffirm it (which can restart the statute of limitations).

If the debt is more than 3 years old, you need to maintain that you don't owe the debt and that it is barred by the statute of limitations and the creditor cannot collect.

 
 
 
 
 
 
1014 days and 8 hours ago.

Customer Reply

Dear Sir:

what do you mean with reaffirm?
if I receive a written notice can I ask for debt validation so I can get proper documentation in case I needed or just always say that the debt is not mine?

I have read about mal-practices with debt collectors in which they send themselves payments in my behalf just in order to restart the statute of limitations, How can I prove in a court (in case of a lawsuit) that I have not make any promises or make any physical payments?



Ron

 
 
 
 
 
 

Accepted Answer

<p>Reaffirming the debt is agreeing to repay the debt or acknowledging that you owe it. It is fine to ask that the debt be verified so long as you never agree to pay it. </p><p> </p><p>If they don't have a signed agreement or statement from you indicating that you've agreed to repay the debt, they're not going to get very far. </p>

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Expert: Kirk Adams
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Answered: 8/13/2009

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Litigation Attorney practicing in multiple State and Federal Courts, Arbitrations and Mediations

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