Legal Question in Credit and Debt Law in Pennsylvania

Can a statute of limitations be renewed without my knowledge?

I am being contacted by a collection agency for a clothing store charge I had, and believe, I paid in full at least 8 years ago. I know at one time it was delinquent when I lost my job but I'm sure I paid this. I don't have the cancelled check and my bank only keeps copies for 7 years - so I have no proof that I paid this off.

I have reviewed all my bank statements and cancelled checks going back to 1999. An in depth review of my credit in 2001 did not show this debt as owing or derogatory on my credit. I have not made a payment or agreed that the debt is valid since that time. Is there any other way the statute of limitations could have been renewed without my knowledge?


Asked on 4/27/04, 1:35 pm

2 Answers from Attorneys
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Can a statute of limitations be renewed without my knowledge?

The Statute of Limitations can not be renewed. However, it must be raised as a defense in any legal action or it will be waived. I suggest you obtain legal counsel to write a letter disputing the debt. I would be happpy to write such a letter for a minimum fee of $50. Let me know. Gerald Hershenson 215-579-9390

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Answered on 4/27/04, 2:19 pm
James Apple Apple and Apple, P.C.

Re: Can a statute of limitations be renewed without my knowledge?

If PA law applies, based on the facts you presented, it appears our 4 year statute of limitations has passed. Since this is a consumer debt, the collector is in violation of the the federal Fair Debt Collection Practices Act, and the similar PA laws, which means you could sue them and make at least $1,000.00. Please call us with any questions. Good luck.

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Answered on 4/27/04, 4:02 pm


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