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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 30168
Experience:  Lawyer
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I'm being sued by DISCOVER alleged debt from 2002. Is there

Customer Question

I'm being sued by DISCOVER for an alleged debt from 2002. Is there a statute of limitations on collecting credit card debt in NY and NJ? Thank you. Lynn
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today.

The statute of limitations for breach of contract in New York is six days after the date the last payment was made or the last charge was incurred. However, the statute of limitations does not apply if the defendant does not live or work in New York and cannot be served with process in the state. New Jersey also has a six year statute, and again, the statute is paused if the defendant cannot be found in New Jersey.

Customer: replied 1 year ago.
I'm not sure I understand. The alleged debt was incurred in NY about 15 years ago. I paid it off gradually before moving to NJ with an on-line overseas debt collector at Discover, but that's too far back to prove and Discover was unwilling to tell me the last purchase or when it was made. Because I was a victim of identity theft within the past three years (one Johnathan Fernandez has my SS # ***** submits income tax jointly with me (fraudulently) I believe this Discover debt isn't even mine. Any suggestions? Lynn
Expert:  Lucy, Esq. replied 1 year ago.

I'm sorry - there was a typo in my original answer. The statute of limitations is six YEARS not six days (in both states).

If the debt was actually paid, you can use the fact that you paid as a defense. You can also raise identity theft. If you've lived in New Jersey for less than 9 years, you can also raise the statute of limitations.

You do unfortunately have to respond to the lawsuit, or you lose by default. Trying to get a default removed can take a lot of time and be very frustrating, so it's usually better to dispute the case upfront by filing an Answer.