Legal Question in Credit and Debt Law in Alabama

I was sent a credit card years ago. I did not want the card; therefore, I returned it unactivated. Unbeknownst to me, interest has been collecting on this card ever since. Now it is 9 years later, and I am receiving collections calls. I never received a statement or anything. Is there a statute of limitations when it comes to collecting debts? (Especially erroneous debts?)


Asked on 1/05/10, 6:34 pm

1 Answer from Attorneys
James Patterson Underwood & Reimer, P.C.

If its been that long since the "use" of the card, then if anything was filed in court, you could have it dismissed based on the statute of limitations and also possibly recover fees for yourself for having to defend an action that the collector knew should not have been filed against you. Also, I would encourage you to review your credit reports and if the debt is reporting on those, write a dispute letter to the credit bureaus and ask for its removal. If they do not remove the debt, you may have a claim under the Fair Credit Reporting Act (FCRA) and could sue the credit reporting agencies and the debt collector reporting the debt.

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Answered on 1/11/10, 7:44 am


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