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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 37041
Experience:  Attorney,16 years experience in consumer protection areas
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Statute of limitation card debit in Puerto Rico? : Puerto

Customer Question

statute of limitation for credit card debit in Puerto Rico?
JA: What state is this in? And when did the issue begin?
Customer: Puerto Rico
JA: Have you consulted a lawyer yet?
Customer: No
JA: Please give me a bit more information, so we can help you best.
Customer: Credit card debit is from 2009
JA: Is there anything else the Consumer Protection Lawyer should be aware of?
Customer: We were in bankruptsy
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Consumer Protection Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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The civil statute of limitations for open accounts like credit card debt in Puerto Rico is only 3 years. On a written contract it is 15 years. So if you are sued you can have it dismissed based on the SOL. However, if you included the debt in the bankruptcy, then is would have been discharged along with any other debts.

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So in any situation, unless you have made a payment on it within the last 3 years, the debt is uncollectible.

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thanks

Barrister

Customer: replied 1 year ago.
Do I have to contact them or answer their collection letter in any form?
Expert:  Barrister replied 1 year ago.

No, since this is well over the statute of limitations (SOL), you can simply ignore them. If they tried to actually file suit, you would have to file an Answer stating the affirmative defense that the SOL has run and the case would be dismissed.

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But they know that it is past the SOL and are just "fishing" to see if they can scare you into paying them something.

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Thanks

Barrister

Customer: replied 1 year ago.
Do I have to contact them or answer their collectron letter in any form
Expert:  Barrister replied 1 year ago.

No, as I mentioned above, since this is well over the statute of limitations (SOL), you can simply ignore them.

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thanks

Barrister

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