Legal Question in Credit and Debt Law in North Carolina

I've had a credit card with capital one that they gave me when I graduated high school and I couldn't pay it, they ended up charging it off on my credit report now I have this place called Portfolio Recovery Associates calling me telling me they are going to take me to court if I don't pay them.Do I have to pay them if they are not even on my credit report? I was living in Virginia but now I live in NC.


Asked on 9/16/10, 11:02 am

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

Do they have a right to attempt to collect it? Possibly.

More facts are needed. If you have not made a payment in over three years, you may have a statute of limitations defense. Any new payment would then re-start the statute of limitations.

Essentially, they are a debt buyer and they are allowed to purchase delinquent accounts. They would have to prove that they purchased your account from Capital One and that you have no other defenses that would bar their recovery. But if they sue you, you would need to assert those defenses or they will get a default judgment against you.

I would consult with an attorney.

- Jeff

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Answered on 9/21/10, 11:21 am


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