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Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 33554
Experience:  Practicing for over 20 years and helped a number of businesses with litigation.
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I have about $50,000 in credit card debt. It has been 15

Customer Question

I have about $50,000 in credit card debt. It has been 15 years since I have heard or received any communication from any of the creditors. The cards were obtained mostly through the mail. Some in Arizona and some in Utah. The cards were used mostly in Hawaii when I lived there for about 5 years. For the past 15 years I have lived in Utah. Has the SOL run its course for all the cards, or are there any exceptions wherein any of the creditors could take legal action against me?
Submitted: 1 year ago.
Category: Business Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

When was the last time you made a payment on the cards?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
I have made no payments, or charges and not communicated in any way since 2002.
Expert:  Dwayne B. replied 1 year ago.

The statute of limitations should be six years at the max. However, they may argue that your moving out of the state without informing them "tolled" the statute of limitations. This rarely works but that is the only thing I can see that would possibly extend the statute of limitations and it's not likely to work.

Customer: replied 1 year ago.
I understand that the 9th Circuit court addressed tolling, making it difficult if not impossible to use. Is that correct?
Expert:  Dwayne B. replied 1 year ago.

I know it is much harder to use it now than it used to be but I'm not familiar with the case you're addressing. If it is from the Ninth Circuit then it's a federal decision and very few of these are brought in the federal court, most are in state court and that's the procedures that count. However, as I mentioned above tolling is losing favor to extend debt collection statutes of limitations because it is so easy to find someone now.

Customer: replied 1 year ago.
Thank you, ***** ***** your help.
Expert:  Dwayne B. replied 1 year ago.

You're very welcome.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.