Legal Question in Credit and Debt Law in Arkansas
Collection Agency Phone Call
I received a phone call today which claimed to be a collections agency from New Jersey. They claimed I owe $129.00 to a convience store from September 2000. I do remember a few hot checks I wrote back then, but I was sure I took care of them. The phone call said, they were going to contact their lawyer and file a case. Can they take me to court for something that may or may not have occured 6 years ago?
2 Answers from Attorneys
Re: Collection Agency Phone Call
Statute of limitations is four years.
Re: Collection Agency Phone Call
They can take you to court, but you have the four-year statute of limitations as your defense... plus a counterclaim for violation of the Fair Debt Collection Practices Act for knowingly filing a suit that's barred by limitations.