Legal Question in Credit and Debt Law in Alabama
small claims suit
can a company recover a dedt they purchased from another company that has been written off for more than five years?
1 Answer from Attorneys
Re: small claims suit
There is a dispute as to what the statute of limitations is in alabama for a debt. It is either 3 or 6 years. How long ago did you make your last payment?
If they have sued you after the statute of limitations, several Alabama Federal courts have held that can be a violation of the Fair Debt Collection Practices Act.
You should also pull your credit report and see when the date is listed on this account. If it is wrong, you can dispute that to get it corrected or potentially sue the debt buyer.
Take a look at our website at http://www.alabamaconsumer.com/PracticeAreas/Fair-Credit-Reporting.asp and that will show you how to pull your credit reports for free, etc.
Call if you have any questions - be glad to talk to you.
John Watts