JustAnswer > Legal
Ask A Question|Register|Login|Help
JustAnswer

Law

Ask a Legal Question, Get an Answer ASAP!

Have your own Legal question?

12 Lawyers are Online Now
characters left:
Not a Legal Question?

Related Law Topics:

  • Bond
  • ,
  • Aol
  • ,
  • Law
  • ,
  • Owe
  • ,
  • Code
  • ,
  • Debt
  • ,
  • Duty
  • ,
  • File
  • ,
  • Four
  • ,
  • Long
Bookmark and Share

Question

a company frm texas is trying to collect for a computer that was bought in 1993. Is there any limitations on how long before a debt like this can be collected in Pa. the company is in Texas?

Submitted: 713 days and 19 hours ago.
Category: Legal
Value: $15
Status: CLOSED
+
Read More

Optional Information

Optional Information:
Hughesville, Pennsylvania

Already Tried:
anything

Posted by LawNinvest 713 days and 15 hours ago.

Info Request

Just to clarify, was the purchase of the computer transacted in Texas?

713 days ago.

Reply

no, it was bought over the internet in Penna. but my husband gave me the wrong dates it was bought in 2002

Posted by LawNinvest 712 days and 22 hours ago.

Answer

Thank you for the clarification in Pennsyvlania the statute of limitations on a purchase is four years from the date of default. The date of default means the date where payment was due but never paid. So if the money was due in 2002, then the creditor had until 2006 to file a lawsuit.

Note: The statute of limitations only applies for the creditor to file a lawsuit, it will not bar the creditor from attempting to collect on their own. So what you can do is send them a letter to cease contact you as the statute of limitations has experienced and you do not owe this debt. If at anytime you have acknowledge the debt, then you have renewed the statute of limitation, so this is why it is best to always dispute the debt.

Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

712 days and 22 hours ago.

Reply

my husband just got a letter served to him on monday from a small claim court in Texas. They say we own 2,200. What can we do with this?

Accepted Answer

Since the statute of limitations (SOL) has now expired, your husband needs to answer their complaint by objecting to it on the grounds that the SOL has now expired and they are barred from filing the law suit. He needs to file an answer and seek dismissal as the SOL has ran per the state statutes as stated below.


Your husband can cite the following code section (see below) for Pennsylvania to support that the SOL has ran. Even in Texas the SOL has ran as that is also four years. You can see both of these code sections below.

For Pennsylvania:

JUDICIARY AND JUDICIAL PROCEDURE (TITLE 42)

§ 5525. Four year limitation.


For Texas see below.


§ 16.004. FOUR-YEAR LIMITATIONS PERIOD. (a) A person
must bring suit on the following actions not later than four years
after the day the cause of action accrues:
(1) specific performance of a contract for the
conveyance of real property;
(2) penalty or damages on the penal clause of a bond to
convey real property;
(3) debt;
(4) fraud; or
(5) breach of fiduciary duty.
(b) A person must bring suit on the bond of an executor,
administrator, or guardian not later than four years after the day
of the death, resignation, removal, or discharge of the executor,
administrator, or guardian.
(c) A person must bring suit against his partner for a
settlement of partnership accounts, and must bring an action on an
open or stated account, or on a mutual and current account
concerning the trade of merchandise between merchants or their
agents or factors, not later than four years after the day that the
cause of action accrues. For purposes of this subsection, the cause
of action accrues on the day that the dealings in which the parties
were interested together cease.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Picture
Expert: LawNinvest
Pos. Feedback: 99.5 %
Accepts: 
Answered: 12/12/2007

Lawyer

Family, Juvenile Dependency, Criminal, Probate Just Answer Legal Mentor

+
Read More

Related Legal Questions

  • I am being accused by a fellow employee's wife of flashing
  • I was just served a pretrial letter for a 1069.17 credit car...
  • Are you permitted to run closings as a paralegal in Washingt...
  • are renters required to give landlords 30 day notices?
  • my girlfriend and i have a joint mortage on or house she me...
  • I was invited by my sister in law to move in with her and
  • I have a loft in a building with 48 units they have a rental
  • I have fibromyalgia and think I may have to go on disability...



Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Question List | Become an Expert | Terms of Service | Security & Privacy | About Us
© 2003-2009 JustAnswer Corp.